Notice2026-05853
Certain Hydrodermabrasion Systems and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337: Issuance and Suspension of Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation
Primary source
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Published
March 26, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined that that a violation under of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) has occurred. The Commission has determined that the appropriate remedy is to issue a limited exclusion order and a cease and desist order and set the bond at zero percent (0%) of the entered value of the covered products during the period of Presidential review. However, the Commission has determined to suspend the issuance of the remedial orders in this investigation given the impending expiration of the asserted patent mere days into the period of Presidential review and the bond having been set at zero percent (0%). The investigation is terminated.
Full Text
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<title>Federal Register, Volume 91 Issue 58 (Thursday, March 26, 2026)</title>
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[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Notices]
[Pages 14713-14714]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05853]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1408]
Certain Hydrodermabrasion Systems and Components Thereof; Notice
of the Commission's Final Determination Finding a Violation of Section
337: Issuance and Suspension of Limited Exclusion Order and Cease and
Desist Order; 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 (``Commission'') has determined that that a violation under
of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337)
has occurred. The Commission has determined that the appropriate remedy
is to issue a limited exclusion order and a cease and desist order and
set the bond at zero percent (0%) of the entered value of the covered
products during the period of Presidential review. However, the
Commission has determined to suspend the issuance of the remedial
orders in this investigation given the impending expiration of the
asserted patent mere days into the period of Presidential review and
the bond having been set at zero percent (0%). The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Jonathan D. Link, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3103. 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#7237363b21413a171e023207011b06115c151d04"><span class="__cf_email__" data-cfemail="91d4d5d8c2a2d9f4fde1d1e4e2f8e5f2bff6fee7">[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: On July 17, 2024, the Commission instituted
this investigation based on a complaint filed on behalf of HydraFacial
LLC, f/k/a Edge Systems LLC, of Long Beach, California
(``HydraFacial''). 89 FR 58188-89 (July 17, 2024). The complaint
alleges violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on the importation
into the United States, the sale for importation, or sale within the
United States after importation of certain hydrodermabrasion systems
and components thereof by reason of the infringement of certain claims
of the '287 patent. Id. The complaint further alleges that an industry
in the United States exists as required by section 337. Id. The
Commission's notice of investigation named as respondents Cartessa
Aesthetics, LLC (``Cartessa'') of Melville, New York; and Eunsung
Global Corp. of Republic of Korea. Id. The Office of Unfair Import
Investigations is not participating in this investigation. Id.
On August 14, 2025, the Commission determined not to review an
initial determination (Order No. 3) setting the target date for
completion of the investigation as December 17, 2025. See Order No. 3
(July 29, 2024), unreviewed by Comm'n Notice (Aug. 14, 2024).
On January 21, 2025, the Commission terminated the investigation as
to Eunsung based on a consent order. Order No. 19 (Dec. 19, 2024),
unreviewed by Comm'n Notice (Jan. 21, 2025).
On April 11, 2025, the Commission determined not to review an
initial determination (Order No. 34) granting Complainant's unopposed
motion to terminate the investigation as to claims 1-10, 15, 17, 20,
23, 26, 28-31, 33-37,
[[Page 14714]]
and 39-45 of the '287 patent. See Order No. 34 (Mar. 26, 2025),
unreviewed by Comm'n Notice (Apr. 11, 2025).
On August 26, 2025, the ALJ issued a final initial determination
(``FID'') finding a violation of section 337 by respondent Cartessa. On
September 8, 2025, Cartessa filed a petition for review of the FID and
on September 16, 2025, HydraFacial filed its response.
On December 15, 2025, the Commission determined, in view of the
shutdown of the Federal Government, to extend the date for determining
whether to review the FID to January 22, 2026. See Comm'n Notice (Dec.
15, 2025). In that notice, the Commission also asked the parties to
address the impact, if any, the upcoming expiration of the '287 patent
would have on the investigation.
On January 22, 2026, the Commission determined to review the FID's
findings on (1) the construction, and findings on infringement and the
technical prong of the domestic industry, for the claim limitations
including the term ``fluid communication''; (2) invalidity and non-
infringement findings based on the finding that the term ``block'' is
indefinite, including review of any underlying related orders (e.g.,
Order Nos. 29 and 50); and (3) unenforceability based on prosecution
laches. 91 FR 3540 (Jan. 27, 2026). The Commission sought briefing on
remedy, the public interest, and bonding. Id. The Commission also
determined to extend the target date for completion of the
investigation to March 23, 2026. Id.
On January 28, 2026, Cartessa filed a motion to terminate the
present investigation and vacate the FID on Violation of Section 337
(``Motion to Terminate'') based on the impending expiration of the '287
patent. On February 9, 2026, HydraFacial filed its opposition to the
Motion to Terminate.
On February 5, 2026, HydraFacial and Cartessa submitted their
initial submissions on remedy, bonding and the public interest. On
February 12, 2026, HydraFacial and Cartessa submitted responses to the
other's initial submission. The Commission also received public
interest comments from interested third parties Sinclair Pharma
Limited, Sinclair Pharma US, Viora, Inc., EMA Aesthetics, Ltd.,
Aesthetic Management Partners, LLC, and Aesthetic Management Partners,
Inc.
Having considered the parties' submissions, the FID, and the record
in this investigation, the Commission, on review, has determined to
supplement and affirm the FID's finding that Cartessa has violated
section 337 by importing into the United States and selling in the
United States after importation certain hydrodermabrasion systems and
components thereof that infringe claims 11, 12, 14, 16, 18, 19, 22, 24,
and 25 of the '287 patent. Specifically, the Commission (1) affirms and
supplement the FID's the construction, and findings on infringement and
the technical prong of the domestic industry, for the claim limitations
including the term ``fluid communication;'' (2) vacates the FID's
finding that the term ``block'' is indefinite and finds that
Complainant has waived its allegations as to where claim 32 is
infringed; (3) and supplements and affirms the FID's finding that the
'287 patent is not unenforceable based on prosecution laches.
Accordingly, and in conjunction with the Commission's earlier
determination not to review the FID's validity and economic domestic
industry findings for the '287 patent, the Commission's final
determination in this investigation is that Cartessa violated section
337 with respect to '287 patent.
The Commission has determined that the appropriate remedy is a
limited exclusion order against Respondent Cartessa prohibiting entry
of products that infringe one or more of the asserted claims of the
'287 patent, and a cease and desist order. The Commission has further
determined that the public interest factors enumerated in subsections
(d)(l) (19 U.S.C. 1337(d)(l)) do not preclude issuance of the above
referenced remedial orders. Additionally, the Commission has determined
that the appropriate bond in this investigation would be set at zero
percent (0%) of entered value of the covered products during the period
of Presidential review. 19 U.S.C. 1337(j). The Commission, however, has
determined to suspend enforcement of the orders. The '287 patent will
expire on March 29, 2026, only six days after the remedial orders issue
and before the conclusion of the Presidential review period when such
orders would be enforced. Because of the Commission determination that
bond for this investigation be set at zero percent (0%) during the
period of Presidential review and the impending expiration of the '287
patent during the period of Presidential review, the Commission's
orders will not have any future remedial effect.
The Commission has further determined that Cartessa's Motion to
Terminate is denied as untimely. 19 CFR 210.21(a)(1). The investigation
is terminated.
The Commission's orders and opinion were delivered to the President
and United States Trade Representative on the day of their issuance.
The Commission vote for this determination took place on March 23,
2026.
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: March 23, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-05853 Filed 3-25-26; 8:45 am]
BILLING CODE 7020-02-P
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