Notice2025-03525
Certain Medical Programmers With Printed Circuit Boards, Components Thereof, and Products and Systems for Use With the Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on Settlement; Termination of Investigation
Primary source
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Published
March 5, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 30) of the presiding administrative law judge ("ALJ") granting a joint motion of the complainants and the respondent to terminate the investigation based on settlement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 42 (Wednesday, March 5, 2025)</title>
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[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Notices]
[Pages 11328-11329]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03525]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1396]
Certain Medical Programmers With Printed Circuit Boards,
Components Thereof, and Products and Systems for Use With the Same;
Notice of Commission Determination Not To Review an Initial
Determination Terminating the Investigation in Its Entirety Based on
Settlement; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 30) of the presiding administrative law judge
(``ALJ'') granting a joint motion of the complainants and the
respondent to terminate the investigation based on settlement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#6f2a2b263c5c270a031f2f1a1c061b0c41080019"><span class="__cf_email__" data-cfemail="b1f4f5f8e282f9d4ddc1f1c4c2d8c5d29fd6dec7">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 3, 2024, based on a complaint filed by Medtronic, Inc.,
Medtronic Logistics, LLC, and Medtronic USA, Inc., all of Minneapolis,
Minnesota, and Medtronic Puerto Rico Operations Co. of Juncos, Puerto
Rico (collectively, ``Medtronic''). 89 FR 23043-44 (Apr. 3, 2024). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain medical
programmers with printed circuit boards, components thereof, and
products and systems for use with the same by reason of the
infringement of certain claims of U.S. Patent Nos. 8,712,540 (``the
'540 patent'') and 9,174,059 (``the '059 patent''). Id. at 23043. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation (``NOI'') names one respondent, Axonics, Inc.
(``Axonics'') of Irvine, California. Id. at 23044. The Office of Unfair
Import Investigations (``OUII'') is also named as a party. Id.
On August 12, 2024, the Commission amended (i) the complaint to
substitute ``UNITED'' in place of ``MUNITED'' on the cover page and
(ii) the NOI so that the plain language description of the accused
products reads ``sacral neuromodulation systems to control
neurostimulators surgically implanted into a human patient, components
thereof, and medical programmers and printed circuit boards used in
same.'' Order No. 11 (July 11, 2024), unreviewed by 89 FR 66442 (Aug.
15, 2024).
On September 30, 2024, the Commission terminated the investigation
as to (i) claim 17 of the '540 patent and (ii) the '059 patent in its
entirety based on Medtronic's partial withdrawal of the complaint.
Order No. 16 (Sept. 9, 2024), unreviewed by Comm'n Notice (Sept. 30,
2024).
On November 15, 2024, the Commission terminated the investigation
as to claim 5, solely for the purposes of infringement, and claims 11,
12, 14, 15, 18, 20, 39, and 40 of the '540 patent based on Medtronic's
partial withdrawal of the complaint. Order No. 21 (Oct. 31, 2024),
unreviewed by Comm'n Notice (Nov. 15, 2024).
On February 10, 2025, Medtronic and Axonics filed a joint motion to
terminate the investigation in its entirety based on a settlement
agreement, attaching thereto confidential and non-confidential versions
of the subject agreement. OUII did not file a response to the motion.
On February 11, 2025, the ALJ issued Order No. 29, which (i)
ordered Medtronic and Axonics to ``revise and refile the non-
confidential version of the agreement required by Commission Rules
210.21(a)(2) and 210.21(b)(1) [19 CFR 210.21(a)(2) and (b)(1)], and in
accordance with Commission Rule 201.6 [19 CFR 201.6],'' and (ii) stated
that the motion to terminate will be ruled upon after the revised non-
confidential version of the agreement is refiled. Order No. 29 at 2
(Feb. 11, 2025). On February 18, 2025, Medtronic and Axonics filed a
revised non-confidential version of the subject agreement.
On February 19, 2025, the ALJ issued the subject ID (Order No. 30)
granting the joint motion. The ID finds that, as supplemented, the
joint motion complies with the requirements of Commission Rule
210.21(b)(1), that there are ``no extraordinary circumstances that
warrant denying the motion,'' and that ``there is no evidence
indicating that terminating this investigation based on the settlement
agreement would be contrary to the public interest.'' No petitions for
review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
investigation is hereby terminated in its entirety.
[[Page 11329]]
The Commission vote for this determination took place on February
27, 2025.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: February 27, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-03525 Filed 3-4-25; 8:45 am]
BILLING CODE 7020-02-P
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