Notice2025-14539
Certain Dermatological Treatment Devices and Components Thereof; Notice of a Commission Determination To Institute a Rescission Proceeding and, Upon Institution, To Rescind the Remedial Orders; Termination of the Rescission Proceeding
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Published
August 1, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined to institute a rescission proceeding and, upon institution, to rescind the limited exclusion order and cease and desist orders issued in the underlying investigation. The rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 146 (Friday, August 1, 2025)</title>
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[Federal Register Volume 90, Number 146 (Friday, August 1, 2025)]
[Notices]
[Pages 36191-36192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14539]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1356 (Rescission)]
Certain Dermatological Treatment Devices and Components Thereof;
Notice of a Commission Determination To Institute a Rescission
Proceeding and, Upon Institution, To Rescind the Remedial Orders;
Termination of the Rescission 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 (``the Commission'') has determined to institute a
rescission proceeding and, upon institution, to rescind the limited
exclusion order and cease and desist orders issued in the underlying
investigation. The rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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#db9e9f9288e893beb7ab9baea8b2afb8f5bcb4ad"><span class="__cf_email__" data-cfemail="30757479630378555c407045435944531e575f46">[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 this investigation
on April 6, 2023, based on a complaint filed by Serendia, LLC of Lake
Forest, California (``Serendia''). 88 FR 20551-52 (Apr. 6, 2023). The
complaint, as supplemented, alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain dermatological treatment
devices and components thereof by reason of infringement of certain
claims of U.S. Patent No. 9,480,836 (``the '836 patent''); U.S. Patent
No. 9,320,536 (``the '536 patent''); U.S. Patent No. 9,775,774 (``the
'774 patent''); U.S. Patent No. 10,869,812 (``the '812 patent''); and
U.S. Patent No. 11,406,444 (``the '444 patent''). Id. at 20551. The
complaint further alleged that a domestic industry exists. Id. The
Commission's notice of investigation named as respondents Sung Hwan E&B
Co., LTD. d/b/a SHEnB Co. LTD of Seoul, Republic of Korea; Aesthetics
Biomedical, Inc. of Phoenix, Arizona; Cartessa Aesthetics, LLC of
Melville, New York; Lutronic Corporation of Goyang-si, Republic of
Korea; Lutronic Aesthetics, Inc., also known as Lutronic, Inc. of
Billerica, Massachusetts; Lutronic, LLC of Billerica, Massachusetts;
Ilooda, Co., Ltd. of Anyang-si, Republic of Korea; Cutera, Inc. of
Brisbane, California; Rohrer Aesthetics, LLC of Homewood, Alabama;
Rohrer Aesthetics, Inc. of Homewood, Alabama; Jeisys Medical Inc. of
Seoul, Republic of Korea; Cynosure, LLC of Westford, Massachusetts; and
EndyMed Medical Ltd. of Caesarea, Israel; EndyMed Medical, Ltd. of New
York, New York; and EndyMed Medical, Inc. of Freehold, New Jersey
(together, ``EndyMed''). Id. at 20552. The Office of Unfair Import
Investigations (``OUII'') is also participating in the investigation.
Id.
The Commission subsequently terminated the investigation as to all
respondents except for EndyMed. See Order No. 26 (Sept. 18, 2023),
unreviewed by Comm'n Notice (Oct. 16, 2023); Order No. 38 (Oct. 27,
2023), unreviewed by Comm'n Notice (Nov. 20, 2023); Order No. 45 (Nov.
15, 2023), unreviewed by Comm'n Notice (Dec. 15, 2023); Order No. 47
(Nov. 20, 2023), unreviewed by Comm'n Notice (Dec. 15, 2023); Order No.
53 (Apr. 11, 2024), unreviewed by Comm'n Notice (May 8, 2024); Order
No. 51 (Dec. 13, 2023), unreviewed by Comm'n Notice (Jan. 10, 2024);
Order No. 64 (Dec.18, 2024), unreviewed by Comm'n Notice (Jan. 17,
2025).
The ALJ held a Markman hearing on July 13, 2023, and issued a
Markman Order on October 25, 2023, construing certain disputed claim
terms. Order No. 35 (Oct. 25, 2023). The ALJ found the pending claims
of the '444 patent, claims 4, 6, and 7, indefinite in the Markman Order
and did not consider those claims any further in the Investigation.
Markman (Order No. 35) at 62.
On December 19, 2024, the ALJ issued the final ID finding a
violation of section 337 as to claims 1, 9, and 22 of the '836 patent;
claims 11 and 16 of the '536 patent; claim 14 of the '774 patent; and
[[Page 36192]]
claims 5, 13, and 18 of the '812 patent by EndyMed. On February 28,
2025, the Commission determined to review the final ID in part,
including the ID's finding that the asserted claims of the '444 patent
are invalid for indefiniteness. 90 FR 11433-36 (Mar. 6, 2023).
On June 3, 2025, the Commission determined that EndyMed violated
section 337 by reason of importation and sale of articles that infringe
asserted claims 1, 9, and 22 of the '836 patent; claims 11 and 16 of
the '536 patent; claim 14 of the '774 patent; and claims 5, 13, and 18
of the '812 patent. 90 FR 24292-94 (June 9, 2025). For remedy, the
Commission issued a limited exclusion order prohibiting further
importation of infringing products and cease and desist orders against
EndyMed (``Remedial Orders''). Id. at 24294.
As to the '444 patent, the Commission determined to reverse and
remand the ID's indefiniteness finding for further proceedings
consistent with the Commission's opinion and remand order. Id.
On July 1, 2025, Serendia and EndyMed jointly moved under 19 U.S.C.
1337(k) and 19 CFR 210.76 to rescind the remedial orders. The motion
states that rescission of the remedial orders is warranted because the
parties have entered into a settlement agreement under which EndyMed is
licensed to the asserted patents and thus ``conduct prohibited by the
Commission's Remedial Orders directed to EndyMed with respect to
certain dermatological treatment devices and components thereof is now
licensed and authorized by Serendia.'' Motion at 2. The motion further
states that ``EndyMed's license to the entirety of the patents forming
the basis of the Remedial Orders constitutes a changed condition of
fact justifying rescission of the remedial orders'' and that recission
of the remedial orders is in the public interest and supported by
Commission precedent. Id. (citing Certain Digital Video Receivers &
Related Hardware & Software Components, Inv. No. 337-TA-1103, Comm'n
Order (Rescission of Remedial Orders) (Nov. 19, 2020); Certain Beverage
Dispensing Systems and Components Thereof, Inv. No. 337-TA-1130, Comm'n
Order (Rescission of Remedial Orders) (June 3, 2020); Certain Marine
Sonar Imaging Systems, Products Containing the Same, and Components
Thereof, Inv. No. 337-TA-926 (Enf.), Comm'n Notice (June 21, 2016)
(rescinding remedial orders)).
In accordance with Commission Rule 210.76(a)(3), the motion
includes confidential and public versions of the settlement agreement
and a statement that ``[t]here are no other agreements, written or
oral, express or implied between the Serendia and EndyMed concerning
the subject matter of the Investigation.'' Motion at 1; 19 CFR
210.76(a)(3).
On July 8, 2025, OUII filed a response in support of the motion.
The Commission has determined to institute a rescission proceeding
and finds that, due to the settlement agreement, the conditions which
led to the issuance of the remedial orders no longer exist, and
therefore, rescission of the Remedial Orders is warranted under section
337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76(a) (19 CFR
210.76(a)). Thus, the Commission has determined to rescind the Remedial
Orders. The Commission hereby terminates the rescission proceeding.
The Commission vote for this determination took place on July 29,
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: July 29, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-14539 Filed 7-31-25; 8:45 am]
BILLING CODE 7020-02-P
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