Certain Hydrodermabrasion Systems and Components Thereof; Notice of Vacatur of the Commission's Final Determination and Mootness of the Investigation by the Federal Circuit Due to Patent Expiration

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission's ("Commission") final determination in the above- captioned investigation has been vacated by the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") and the investigation is terminated as moot as ordered by the Federal Circuit. The investigation was previously terminated on March 23, 2026.

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<title>Federal Register, Volume 91 Issue 195 (Friday, October 9, 2026)</title>
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[Federal Register Volume 91, Number 195 (Friday, October 9, 2026)]
[Notices]
[Page 64676]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20752]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1408]


Certain Hydrodermabrasion Systems and Components Thereof; Notice 
of Vacatur of the Commission's Final Determination and Mootness of the 
Investigation by the Federal Circuit Due to Patent Expiration

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission's (``Commission'') final determination in the above-
captioned investigation has been vacated by the U.S. Court of Appeals 
for the Federal Circuit (``Federal Circuit'') and the investigation is 
terminated as moot as ordered by the Federal Circuit. The investigation 
was previously terminated on March 23, 2026.

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#11545558422259747d615164627865723f767e67"><span class="__cf_email__" data-cfemail="aeebeae7fd9de6cbc2deeedbddc7dacd80c9c1d8">[email&#160;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 U.S. Patent No. 11,865,287 patent (``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 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 March 23, 2026, the Commission terminated the investigation with 
a final determination finding a violation of the asserted claims of the 
'287 patent under section 337 by Cartessa. 91 FR 14713-714 (Mar. 26, 
2026). However, the Commission suspended enforcement of any remedial 
orders because the '287 patent would expire on March 29, 2026, during 
the 60-day period of Presidential review. Id. Respondent appealed the 
Commission's final determination to the Federal Circuit.
    While the appeal was pending, the '287 patent expired, and pursuant 
to their terms, the remedial orders are no longer in effect. Cartessa 
moved to dismiss the appeal as moot and vacate the Commission opinion. 
The Commission did not oppose. HydraFacial did not oppose dismissal but 
opposed vacating the Commission opinion.
    On July 23, 2026, the Federal Circuit issued an order vacating the 
Commission's final determination and remanding the investigation to the 
Commission with instructions to ``dismiss the investigation as moot.'' 
Cartessa Aesthetics, LLC v. United States Int'l Trade Commission, 
Appeal Nos. 26-1582, 26-1881 (Fed. Cir. July 23, 2026). The Federal 
Circuit issued the mandate on September 15, 2026.
    Because the present investigation was previously terminated, the 
Commission confirms via this notice that Investigation No. 337-TA-1408 
is terminated as moot. The Commission's final determination was vacated 
per the Federal Circuit's order. Id.
    The Commission vote for this determination took place on October 3, 
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: October 2, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-20752 Filed 10-8-26; 8:45 am]
BILLING CODE 7020-02-P


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