Notice2025-05116
Certain Nasal Devices and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
March 26, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 18, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Aardvark Medical Inc. of Denton, Texas. A supplement was filed on February 25, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain nasal devices and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,750,856 ("the '856 patent"); U.S. Patent No. 11,318,234 ("the '234 patent"); U.S. Patent No. 11,883,009 ("the '009 patent"); U.S. Patent No. 11,883,010 ("the '010 patent"); and U.S. Patent No. 11,889,995 ("the '995 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 90 Issue 57 (Wednesday, March 26, 2025)</title>
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[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Notices]
[Pages 13781-13782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05116]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1444]
Certain Nasal Devices and Components Thereof; Notice of
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 18, 2025, under section
337 of the Tariff Act of 1930, as amended, on behalf of Aardvark
Medical Inc. of Denton, Texas. A supplement was filed on February 25,
2025. The complaint, as supplemented, alleges violations of section 337
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain nasal devices and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 9,750,856 (``the '856
patent''); U.S. Patent No. 11,318,234 (``the '234 patent''); U.S.
Patent No. 11,883,009 (``the '009 patent''); U.S. Patent No. 11,883,010
(``the '010 patent''); and U.S. Patent No. 11,889,995 (``the '995
patent''). The complaint, as supplemented, further alleges that an
industry in the United States exists as required by the applicable
Federal Statute. The complainant requests that the Commission institute
an investigation and, after the investigation, issue a limited
exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#cc8988859fff84a9a0bc8cb9bfa5b8afe2aba3ba"><span class="__cf_email__" data-cfemail="4a0f0e031979022f263a0a3f39233e29642d253c">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 20, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-5, 7-14, and 16-19 of the '856 patent; claims 1-4, 6, 8-12,
14-17, 21-24, 27, and 28 of the '234 patent; 1-3, 6-8, 10-12, 16-18,
21, 22, and 28 of the '009 patent; claims 1-8, 10-15, and 17-22 of the
'010 patent; and claims 1-9, 12-21, 23, 24, and 26 of the '995 patent,
and whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``nasal irrigation and
aspiration devices and components thereof''; \1\
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\1\ In this plain English statement of the scope of
investigation, ``components thereof'' is included pursuant to the
allegations in the complaint. To the extent that the Complainant has
included such an allegation based upon a concern regarding specific
components, the Complainant should, during the course of this
investigation, seek adjudication and specifically identify the
components of the claimed invention sought for exclusion. The lack
of adjudication of specific components, however, would not affect
any later ability to adjudicate and remedy circumvention through the
importation of components with additional enforcement actions.
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(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
The complainant is:
Aardvark Medical Inc., 204 Cardinal Drive, Denton, Texas 76209
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Xiamenximier Electronic Commerce Co., Ltd (d/b/a Cenny), Room 203,
Building 1070-2, Caitangshe, Huli District, Xiamen City, Fujian China
361000
Xia Men Deng Jia E-Commerce Co., Ltd., (d/b/a Ronfnea), Room 101, No.
1070-1, Caitangshe, Xiamen, Huli District, Fujian, China 361006,
Chongqing Moffy Innovation Technology, Co., Ltd., No. 292, Jingdongfang
Rd., Beibei Dist., Chongqing City, 400714 China
Guangdong XINRUNTAO Technology, Co., Ltd., Room 1101-1102, Xingji
Tower, Xinqiao, Bao'an Shenzhen, Guangdong, China
Shenzhen Jun&Liang Media Tech Limited, Building 16, Dongcai Industrial
Park, Gushu Village, Xixiang Town, Bao'an District, Shenzhen, China
518102
RhinoSystems, Inc., 1 American Road, Suite 1100, Brooklyn, Ohio 44144
Spa Sciences LP, 584 NW University Blvd., Suite 600, Port St. Lucie,
Florida 34986
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
[[Page 13782]]
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 21, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-05116 Filed 3-25-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 26, 2025.
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