Notice2026-07779
Certain Light-Based Physiological Measurement Devices and Components Thereof; Notice of a Commission Determination Not To Review a Combined Recommended Determination on Modification and Enforcement Initial Determination; Termination of Proceeding
Primary source
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Published
April 22, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review a combined recommended determination on modification and enforcement initial determination ("EID") of the presiding administrative law judge ("ALJ"), finding that the accused redesigned products do not infringe the asserted patents, and therefore, they should not be excluded pursuant to the terms of the limited exclusion order.
Full Text
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<title>Federal Register, Volume 91 Issue 77 (Wednesday, April 22, 2026)</title>
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[Federal Register Volume 91, Number 77 (Wednesday, April 22, 2026)]
[Notices]
[Page 21510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07779]
[[Page 21510]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1276 (Enforcement/Modification)]
Certain Light-Based Physiological Measurement Devices and
Components Thereof; Notice of a Commission Determination Not To Review
a Combined Recommended Determination on Modification and Enforcement
Initial Determination; Termination of 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 a combined
recommended determination on modification and enforcement initial
determination (``EID'') of the presiding administrative law judge
(``ALJ''), finding that the accused redesigned products do not infringe
the asserted patents, and therefore, they should not be excluded
pursuant to the terms of the limited exclusion order.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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#d693929f85e59eb3baa696a3a5bfa2b5f8b1b9a0"><span class="__cf_email__" data-cfemail="6e2b2a273d5d260b021e2e1b1d071a0d40090118">[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 in August 2021, based on an amended and supplemented
complaint filed by complainants Masimo Corporation (``Masimo'') and
Cercacor Laboratories, Inc. (together with Masimo, ``Complainants'').
86 FR 46275-76 (Aug. 18, 2021). The complaint 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 light-based physiological measurement devices and components
thereof by reason of infringement of certain claims of U.S. Patent No.
10,912,502 (``the '502 patent''), U.S. Patent 10,945,648 (``the '648
patent,'' and together with the '502 patent, ``Asserted Patents''),
U.S. Patent No. 10,912,501, U.S. Patent No. 10,687,745, and U.S. Patent
No. 7,761,127. Id. The Complaint further alleged that an industry in
the United States exists and/or is in the process of being established.
Id. The notice of investigation named Apple Inc. of Cupertino,
California (``Apple'') as the sole respondent. Id. at 46276. The
Commission's Office of Unfair Import Investigations (``OUII'') did not
participate in the underlying investigation. See id.
In January 2023, the ALJ issued the final initial determination on
violation (``FID''), which found that Apple violated section 337 as to
only claims 24 and 30 of the '648 patent. In May 2023, the Commission
determined to review the FID in part. See 88 FR 3224-44 (May 19, 2023).
In October 2023, the Commission issued its final determination in
the underlying investigation, finding Apple in violation of section 337
as to claims 22 and 28 of the '502 patent and claims 12, 24, and 30 of
the '648 patent. 88 FR 75032-33 (Nov. 1, 2023). To remedy Apple's
violation, the Commission issued both a limited exclusion order
(``LEO'') and a cease and desist order (together with the LEO,
``Remedial Orders''). Id.
On September 9, 2025, Masimo filed a petition with the Commission
pursuant to Commission Rule 210.76 requesting clarification of, or in
the alternative, a modification proceeding to modify, the Remedial
Orders.
On November 18, 2025, the Commission instituted this combined
modification and enforcement proceeding to determine whether Apple's
second redesigned products infringe the Asserted Patents. 90 FR 51791-
92 (Dec. 2, 2025). OUII did not participate in this proceeding. See id.
On March 18, 2026, the ALJ issued the EID, which ultimately
concluded that the accused redesigned products did not infringe the
asserted claims of the Asserted Patents. On March 25, 2026, Masimo and
Apple each filed a petition for Commission review of the EID. On March
30, 2026, the parties each filed responses to the respective petitions.
The Commission has determined not to review the EID. This combined
proceeding is hereby terminated in its entirety with the conclusion
that the accused redesigned products do not infringe the Asserted
Patents, and therefore, they should not be excluded pursuant to the
terms of the LEO.
The Commission vote for this determination took place on April 17,
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: April 17, 2026.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2026-07779 Filed 4-21-26; 8:45 am]
BILLING CODE 7020-02-P
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