Notice2025-16316
Certain Smart Wearable Devices, Systems, and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Primary source
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Published
August 26, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in the above-captioned investigation. The Commission has determined to issue: (1) a limited exclusion ("LEO") prohibiting the unlicensed entry of infringing smart wearable devices, systems, and components thereof that are manufactured by or on behalf of, or imported by or on behalf of, the respondents; and (2) cease and desist orders ("CDOs") against five respondents. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Notices]
[Pages 41594-41595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16316]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1398]
Certain Smart Wearable Devices, Systems, and Components Thereof;
Notice of the Commission's Final Determination Finding a Violation of
Section 337; Issuance of a Limited Exclusion Order and Cease and Desist
Orders; Termination of the 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 found a violation of section 337 in the above-captioned
investigation. The Commission has determined to issue: (1) a limited
exclusion (``LEO'') prohibiting the unlicensed entry of infringing
smart wearable devices, systems, and components thereof that are
manufactured by or on behalf of, or imported by or on behalf of, the
respondents; and (2) cease and desist orders (``CDOs'') against five
respondents. The investigation is 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#ace9e8e5ff9fe4c9c0dcecd9dfc5d8cf82cbc3da"><span class="__cf_email__" data-cfemail="4702030e14740f222b370732342e332469202831">[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 17, 2024, based on a complaint filed on behalf of Ouraring,
Inc. of San Francisco, California, and [Omacr]ura Health Oy of Oulu,
Finland (collectively, ``Oura''). 89 FR 27452-53 (Apr. 17, 2024). The
complaint, as amended, 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, and the sale within
the United States after importation of certain smart wearable devices,
systems, and components thereof by reason of the infringement of
certain claims of U.S. Patent Nos. 11,868,178 (``the '178 patent'');
10,842,429 (``the '429 patent''); and 11,868,179 (``the '179 patent'').
The Commission's notice of investigation named as respondents
(collectively, ``Respondents''): (1) Ultrahuman Healthcare Pvt. Ltd. of
Bengaluru, India; Ultrahuman Healthcare SP LLC of Abu Dhabi, UAE; and
Ultrahuman Healthcare Ltd. of London, United Kingdom (collectively,
``Ultrahuman''); (2) Guangdong Jiu Zhi Technology Co. Ltd. of
Guangdong, China; RingConn LLC of Wilmington, Delaware (collectively,
``RingConn''); and (3) Circular SAS of Paris, France. The Office of
Unfair Import Investigations (``OUII'') is also a party in this
investigation.
[[Page 41595]]
The complaint and notice of investigation were later amended to
change the name of Respondent Guangdong Jiu Zhi Technology Co. Ltd. to
Shenzhen Ninenovo Technology Limited because of a corporate name
change, and to amend the address for RingConn LLC. Order No. 8 (May 3,
2024), unreviewed by Comm'n Notice, 89 FR 48686-87 (June 7, 2024).
The Commission terminated the investigation as to respondent
Circular SAS based on settlement. Order No. 12 (July 9, 2024),
unreviewed by Comm'n Notice (Aug. 6, 2024).
The Commission further terminated the investigation as to all
claims of the '429 and '179 patents, and all but claims 1, 2, and 12-14
of the '178 patent. Order No. 13 (July 30, 2024), unreviewed by Comm'n
Notice (Aug. 22, 2024); Order No. 15 (Sept. 16, 2024), unreviewed by
Comm'n Notice (Oct. 7, 2024); Order No. 21 (Dec. 9, 2024), unreviewed
by Comm'n Notice (Dec. 23, 2024).
On April 18, 2025, the presiding ALJ issued the Final Initial
Determination (``Final ID''), finding that there has been a violation
of section 337 in the importation into the United States, the sale for
importation, and/or the sale in the United States after importation of
certain smart wearable devices, systems, and components thereof with
respect to the asserted claims of the '178 patent. Specifically, the
Final ID finds that: (1) the importation requirement was satisfied for
the accused products; (2) claims 1, 2, and 12-14 of the '178 patent
were shown to be infringed; (3) the technical prong of the domestic
industry requirement was satisfied with respect to the '178 patent; (4)
claims 1, 2, and 12-14 of the '178 patent were not shown to be invalid;
and (5) the economic prong of the domestic industry requirement was
satisfied with respect to the '178 patent. Final ID at 130.
The ALJ also issued a Recommended Determination on Remedy and
Bonding (``RD''). The RD recommends that, if the Commission finds a
violation, it should issue a limited exclusion order and cease and
desist orders and impose a bond of zero percent (0%) during the period
of Presidential review. RD at 136-41. Pursuant to the Notice of
Investigation, the ALJ also took evidence with respect to the public
interest. The RD finds that the issuance of remedial orders in this
investigation would not adversely affect the public interest factors
enumerated in 19 U.S.C. 1337(d)(1) and (f)(1). Id. at 131-36.
On May 2, 2025, Respondents filed a joint petition for review of
the Final ID. On May 12, 2025, Oura and OUII each filed responses to
Respondents' petition.
On May 22, 2025, Ultrahuman submitted public interest comments
pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). Eight
submissions were filed on behalf of third parties in response to the
Commission's Federal Register notice seeking submissions on the public
interest. See 90 FR 17449-50 (Apr. 25, 2025).
On June 20, 2025, the Commission determined to review the Final
ID's analysis of the economic prong of the domestic industry
requirement. 90 FR 27055-57 (June 25, 2025). The Commission determined
not to review the remainder of the Final ID's findings. Id. at 27055.
The Commission requested briefing from the parties on certain issues
relating to potential remedial orders, and from the parties, interested
government agencies, and other interested persons on the issues of
remedy, the public interest, and bonding. Id. at 27055-56.
On July 7, 2025, the parties filed their respective written
submissions on remedy, public interest, and bonding. On July 14, 2025,
the parties filed their reply submissions. The Commission received
fifteen submissions from third parties regarding the public interest.
The Commission also received a letter from Representatives Vern
Buchanan and Troy Balderson of the United States House of
Representatives, dated August 6, 2025. Respondents filed a response to
the letter from Reps. Buchanan and Balderson on August 15, 2025.
Having examined the record in this investigation, including the
Final ID, Respondents' petition for review, the responses thereto, and
the submissions to the Commission, the Commission has determined to
find a violation of section 337 as to the '178 patent. As set forth in
the simultaneously-issued Commission opinion, the Commission takes no
position regarding the Final ID's domestic industry findings under
subsection 337(a)(3)(A) and Oura's claimed capital investments under
subsection 337(a)(3)(B). The Commission otherwise affirms, as modified,
the Final ID's economic prong analysis.
The Commission has determined that the appropriate form of relief
is an LEO prohibiting the unlicensed entry of infringing smart wearable
devices, systems, and components thereof manufactured by or on behalf
of Respondents or any of their affiliated companies, parents,
subsidiaries, or other related business entities, or their successors
or assigns. The Commission has also determined to issue CDOs to
Ultrahuman and RingConn.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C.
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced
remedial orders. Additionally, the Commission has determined to impose
a bond in the amount of zero percent (i.e., no bond) as to as to the
infringing products imported during the period of Presidential review
(19 U.S.C. 1337(j)). The investigation is terminated.
The Commission vote for this determination took place on August 21,
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: August 21, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-16316 Filed 8-25-25; 8:45 am]
BILLING CODE 7020-02-P
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