Notice2025-13517
Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion for Termination of the Enforcement Proceeding Based on Settlement; Termination of the Enforcement Proceeding
Primary source
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Published
July 18, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 33) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is hereby terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 136 (Friday, July 18, 2025)</title>
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[Federal Register Volume 90, Number 136 (Friday, July 18, 2025)]
[Notices]
[Page 34009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13517]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1364 (Enforcement)]
Certain Blood Flow Restriction Devices With Rotatable Windlasses
and Components Thereof; Notice of a Commission Determination Not To
Review an Initial Determination Granting a Joint Motion for Termination
of the Enforcement Proceeding Based on Settlement; Termination of the
Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 33) of the presiding administrative
law judge (``ALJ'') granting a joint motion to terminate the
enforcement proceeding based on settlement. The enforcement proceeding
is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Joelle P. Justus, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2593. 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#bbfefff2e888f3ded7cbfbcec8d2cfd895dcd4cd"><span class="__cf_email__" data-cfemail="dc9998958fef94b9b0ac9ca9afb5a8bff2bbb3aa">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation on May 31, 2023, based on a complaint, as supplemented,
filed by Composite Resources, Inc. and North American Rescue, LLC
(collectively, ``Complainants''). 88 FR 34893-95 (May 31, 2023). The
Commission determined to investigate alleged violations of section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain blood flow
restriction devices with rotatable windlasses and components thereof
that infringe certain claims of U.S. Patent Nos. 7,842,067 (``the '067
Patent''), 8,888,807 (``the '807 Patent''), and 10,016,203 (``the '203
Patent''); as well as United States Trademark Registration Nos.
3,863,064 and 5,064,378 (``the Asserted Trademarks''). The complaint
further alleges whether a domestic industry exists. Id. The Commission
also determined to investigate alleged violations of section 337 based
upon the importation into the United States, and in the sale of,
certain blood flow restriction devices with rotatable windlasses and
components thereof that infringe certain trade dress (``Asserted Trade
Dress'') in violation of Section 43(a) of the Lanham Act (15 U.S.C.
1125) the threat or effect of which is to destroy or substantially
injure a domestic industry. Id. at 34893-94. The Commission's notice of
investigation named thirty (30) respondents. Id. at 34894. The Office
of Unfair Import Investigations (``OUII'') was also named as a party.
Id.
Two named respondents were terminated based on the entry of consent
orders. See Order No. 7 (Aug. 9, 2023), unreviewed by Comm'n Notice
(Sept. 5, 2023); Order No. 13 (Oct. 3, 2023), unreviewed by Comm'n
Notice (Nov. 2, 2023). Twelve (12) named respondents were terminated
based on withdrawal of the complaint after those respondents were
unable to be served. See Order No. 10 (Aug. 22, 2023), unreviewed by
Comm'n Notice (Sept. 20, 2023). The remaining respondents were found in
default. See Order No. 11 (Aug. 29, 2023), unreviewed by Comm'n Notice
(Sept. 22, 2023).
Complainants withdrew many of their patent infringement
allegations, including all allegations with respect to the '807 and
'203 Patents. See Order No. 14 (Nov. 2, 2023), unreviewed by Comm'n
Notice (Dec. 4, 2023); Order No. 19 (Jan. 25, 2024), unreviewed by
Comm'n Notice (Feb. 15, 2024).
On September 30, 2024, the Commission determined to issue (1) a
general exclusion order prohibiting the unlicensed entry of blood flow
restriction devices with rotatable windlasses and components thereof
that infringe one or more of claims 1, 4, 15, and/or 16 of the '067
patent; (2) a limited exclusion order with respect to the defaulting
respondents for infringement of the Asserted Trademarks and Asserted
Trade Dress; and (3) cease and desist orders (``CDOs'') directed to
certain respondents with respect to infringement of claims 1, 4, 15
and/or 16 of the '067 Patent, the Asserted Trademarks, and the Asserted
Trade Dress. See 89 FR 80930-31 (Oct. 4, 2024); Corrected Comm'n Op.
(Oct. 8, 2024).
The Commission instituted an enforcement proceeding in this
investigation on March 21, 2025, based upon a complaint filed by
Complainants. 90 FR 13390-91 (Mar. 21, 2025). The complaint alleges
that Rhino Inc. and Wuxi Emsrun Technology Co., Ltd. (``Wuxi Emsrun'')
have continued to sell certain products in violation of the CDOs
entered against them. Id. at 13391. Rhino and Wuxi Emsrun were named as
respondents in the enforcement proceeding, and OUII was also named as a
party. Id.; Comm'n Order (Mar. 17, 2025).
On June 23, 2025, Complainants, Wuxi Emsrun, and Rhino filed a
joint motion to terminate the investigation based on certain settlement
agreements. The parties submitted both confidential and public versions
of the settlement agreements with the joint motion. On June 24, 2025,
OUII filed a response in support of the motion to terminate. On June
26, 2025, the ALJ issued the subject ID (Order No. 33), granting the
joint motion to terminate. The ALJ found that the motion complied with
the requirements of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)),
and that there are no extraordinary circumstances that would prevent
the requested termination. Order No. 33 at 1-2. The ALJ also found
there is no evidence indicating that terminating the investigation
based on the agreements would be contrary to the public interest. Id.
at 2. No petitions for review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
enforcement proceeding is hereby terminated.
The Commission vote for this determination took place on July 14,
2025.
This action is taken under the authority of 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: July 16, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-13517 Filed 7-17-25; 8:45 am]
BILLING CODE 7020-02-P
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