Notice2025-14655
Certain Dermatological Treatment Devices and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Remand Proceedings Based on Settlement; Termination of Investigation
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Published
August 4, 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. 71) of the presiding administrative law judge ("ALJ"), granting an unopposed motion to terminate the remand proceedings. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 90 Issue 147 (Monday, August 4, 2025)</title>
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[Federal Register Volume 90, Number 147 (Monday, August 4, 2025)]
[Notices]
[Pages 36450-36451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14655]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1356 (Remand)]
Certain Dermatological Treatment Devices and Components Thereof;
Notice of Commission Determination Not To Review an Initial
Determination Terminating the Remand Proceedings 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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 71) of the presiding administrative
law judge (``ALJ''), granting an unopposed motion to terminate the
remand proceedings. The investigation is terminated in its entirety.
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#2b6e6f627818634e475b6b5e58425f48054c445d"><span class="__cf_email__" data-cfemail="b3f6f7fae080fbd6dfc3f3c6c0dac7d09dd4dcc5">[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
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. 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 filed a joint motion to
terminate the remand proceedings based upon settlement. On July 8,
2025, OUII filed a response in support of the motion.
On July 9, 2025, the ALJ issued the subject ID (Order No. 71)
granting the motion. The ID noted that ``under Commission Rule
210.21(a)(2), any party may move at any time to terminate an
investigation in-whole or in-part with respect to any or all
respondents on the basis of a settlement, a license, or other agreement
as provided in Commission Rule 210.21(b).'' ID at 1-2 (citing 19 CFR
210.21(a)(2)). The ID further noted that pursuant to Commission Rule
210.21(b), termination of an investigation with respect to one or more
respondents on the basis of a license or other settlement agreement
requires the motion to contain: (i) the license agreement or other
settlement agreements; (ii) any supplemental agreements; (iii) any
documents referenced in the motion or attached agreements; and (iv) a
statement that there are no other agreements, written or oral, express
or implied between the parties concerning the subject matter of the
investigation. Id. at 2 (citing 19 CFR 210.21(b)). The ID granted the
[[Page 36451]]
unopposed motion, finding that it complies with the Commission Rules.
Id. at 3-5. None of the parties petitioned for review of the subject
ID.
The Commission has determined not to review the subject ID. The
remand proceedings are hereby terminated. The Commission hereby
terminates the investigation in its entirety.
The Commission vote for this determination took place on July 30,
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 30, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-14655 Filed 8-1-25; 8:45 am]
BILLING CODE 7020-02-P
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