Certain Microfluidic Devices Investigation; Notice of the Commission's Determination To Institute a Rescission Proceeding; To Rescind Permanently a Limited Exclusion Order and a Cease and Desist Order; Termination of Rescission Proceeding, 48441 [2021-18654]

Download as PDF Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices Additional documentation has been received for the following resources: MISSISSIPPI Lowndes County South Columbus Historic District (Additional Documentation). Roughly bounded by Main and College Sts., 3rd and 4th Aves. South, 9th’ 15th, South 7th, and 1st Sts., Tombigbee R., Columbus, AD82003104 SOUTH DAKOTA Lawrence County Lead Historic District (Boundary Increase II) (Boundary Decrease) (Additional Documentation). Roughly bounded by the Open Pit, Glendale Dr., West McClellan St. and Homestake Mine complex, Lead, AD100006688 Authority: Section 60.13 of 36 CFR part 60. Dated: August 24, 2021. Sherry A. Frear, Chief, National Register of Historic Places/ National Historic Landmarks Program. [FR Doc. 2021–18651 Filed 8–27–21; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [No. 337–TA–1068 (Rescission)] Certain Microfluidic Devices Investigation; Notice of the Commission’s Determination To Institute a Rescission Proceeding; To Rescind Permanently a Limited Exclusion Order and a Cease and Desist Order; Termination of Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding and rescind the remedial orders issued in the underlying investigation. The rescission proceeding is terminated. 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 https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:40 Aug 27, 2021 Jkt 253001 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. On September 6, 2017, the Commission instituted this investigation based on a complaint filed by Bio-Rad Laboratories, Inc. of Hercules, CA; and Lawrence Livermore National Security, LLC of Livermore, CA (collectively, ‘‘Bio-Rad’’). 82 FR 42115 (Sept. 6, 2017). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based upon the importation into the United States, the sale for importation, or the sale within the United States after importation of certain microfluidic devices by reason of infringement certain claims of U.S. Patent Nos. 9,500,664 (‘‘the ’664 patent’’); 9,089,844 (‘‘the ’844 patent’’); 9,636,682 (‘‘the ’682 patent’’); 9,649,635 (‘‘the ’635 patent’’); and 9,126,160 (‘‘the ’160 patent’’). Id. The Commission’s Notice of Investigation named as the sole respondent 10X Genomics, Inc. of Pleasanton, CA (‘‘10X’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party to this investigation. Id. The Commission subsequently terminated the investigation as to the ’844 patent. Order No. 19 (Mar. 6, 2018); unreviewed by Notice (Apr. 16, 2018). On September 20, 2018, the presiding administrative law judge issued the final initial determination (‘‘ID’’). The ID found a violation of section 337 by virtue of 10X’s infringement of the ’664, ’682, and ’635 patents. The ID found that 10X had not established a violation with respect to the ’160 patent. On December 4, 2018, the Commission determined to review various findings in the ID. 83 FR 63672 (Dec. 11, 2018). On December 18, 2019, the Commission found a violation of section 337 with respect to the ’664, ’682, and ’635 patents. 84 FR 70999 (Dec. 26, 2019). The Commission also found no violation of section 337 with respect to the ’160 patent. Id. Having found a violation of section 337, and upon consideration of the statutory public interest factors, the Commission determined to issue a limited exclusion order (‘‘LEO’’) prohibiting further importation of 10X’s infringing microfluidic devices and a cease and desist order (‘‘CDO’’) against 10X. Id. On May 28, 2021, in an appeal initiated by Bio-Rad, the U.S. Court of Appeals for the Federal Circuit affirmed the Commission’s final determination. Bio- SUPPLEMENTARY INFORMATION: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 48441 Rad Labs., Inc. v. Int’l Trade Comm’n, 998 F.3d 1320 (Fed. Cir. 2021). On July 26, 2021, Bio-Rad and 10X entered into a settlement agreement that resolved the disputes concerning the subject matter of this investigation. Thereafter, on July 28, 2021, Bio-Rad and 10X jointly petitioned for rescission of the Commission’s remedial orders under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76(a) (19 CFR 210.76(a)). On August 6, 2021, OUII filed a response in support of the rescission petition. The Commission has determined that the petition complies with Commission rules, see 19 CFR 210.76(a)(3), and that there are no extraordinary reasons to deny rescission of the remedial orders. Accordingly, the Commission has determined to institute a rescission proceeding and to permanently rescind the LEO and the CDOs. The rescission proceeding is hereby terminated. The Commission’s vote on this determination took place on August 25, 2021. 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 210). By order of the Commission. Issued: August 25, 2021. Katherine Hiner, Supervisory Attorney. [FR Doc. 2021–18654 Filed 8–27–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation N. 337–TA–1100 (Rescission)] Certain Microfluidic Systems and Components Thereof and Products Containing Same; Notice of the Commission’s Determination To Institute a Rescission Proceeding; To Rescind Permanently a Limited Exclusion Order and a Cease and Desist Order; Termination of Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding, rescind the remedial orders issued in the underlying investigation, and to terminate the rescission proceeding. FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of the SUMMARY: E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Page 48441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18654]


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INTERNATIONAL TRADE COMMISSION

[No. 337-TA-1068 (Rescission)]


Certain Microfluidic Devices Investigation; Notice of the 
Commission's Determination To Institute a Rescission Proceeding; To 
Rescind Permanently a Limited Exclusion Order and a Cease and Desist 
Order; Termination of Rescission 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 has determined to institute a rescission proceeding and 
rescind the remedial orders issued in the underlying investigation. The 
rescission proceeding is terminated.

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 https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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 September 6, 2017, the Commission 
instituted this investigation based on a complaint filed by Bio-Rad 
Laboratories, Inc. of Hercules, CA; and Lawrence Livermore National 
Security, LLC of Livermore, CA (collectively, ``Bio-Rad''). 82 FR 42115 
(Sept. 6, 2017). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
upon the importation into the United States, the sale for importation, 
or the sale within the United States after importation of certain 
microfluidic devices by reason of infringement certain claims of U.S. 
Patent Nos. 9,500,664 (``the '664 patent''); 9,089,844 (``the '844 
patent''); 9,636,682 (``the '682 patent''); 9,649,635 (``the '635 
patent''); and 9,126,160 (``the '160 patent''). Id. The Commission's 
Notice of Investigation named as the sole respondent 10X Genomics, Inc. 
of Pleasanton, CA (``10X''). Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to this 
investigation. Id. The Commission subsequently terminated the 
investigation as to the '844 patent. Order No. 19 (Mar. 6, 2018); 
unreviewed by Notice (Apr. 16, 2018).
    On September 20, 2018, the presiding administrative law judge 
issued the final initial determination (``ID''). The ID found a 
violation of section 337 by virtue of 10X's infringement of the '664, 
'682, and '635 patents. The ID found that 10X had not established a 
violation with respect to the '160 patent. On December 4, 2018, the 
Commission determined to review various findings in the ID. 83 FR 63672 
(Dec. 11, 2018).
    On December 18, 2019, the Commission found a violation of section 
337 with respect to the '664, '682, and '635 patents. 84 FR 70999 (Dec. 
26, 2019). The Commission also found no violation of section 337 with 
respect to the '160 patent. Id. Having found a violation of section 
337, and upon consideration of the statutory public interest factors, 
the Commission determined to issue a limited exclusion order (``LEO'') 
prohibiting further importation of 10X's infringing microfluidic 
devices and a cease and desist order (``CDO'') against 10X. Id. On May 
28, 2021, in an appeal initiated by Bio-Rad, the U.S. Court of Appeals 
for the Federal Circuit affirmed the Commission's final determination. 
Bio-Rad Labs., Inc. v. Int'l Trade Comm'n, 998 F.3d 1320 (Fed. Cir. 
2021).
    On July 26, 2021, Bio-Rad and 10X entered into a settlement 
agreement that resolved the disputes concerning the subject matter of 
this investigation. Thereafter, on July 28, 2021, Bio-Rad and 10X 
jointly petitioned for rescission of the Commission's remedial orders 
under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76(a) 
(19 CFR 210.76(a)). On August 6, 2021, OUII filed a response in support 
of the rescission petition.
    The Commission has determined that the petition complies with 
Commission rules, see 19 CFR 210.76(a)(3), and that there are no 
extraordinary reasons to deny rescission of the remedial orders. 
Accordingly, the Commission has determined to institute a rescission 
proceeding and to permanently rescind the LEO and the CDOs. The 
rescission proceeding is hereby terminated.
    The Commission's vote on this determination took place on August 
25, 2021.
    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 
210).

    By order of the Commission.

    Issued: August 25, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18654 Filed 8-27-21; 8:45 am]
BILLING CODE 7020-02-P