Certain Percussive Massage Devices; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 72624-72625 [2021-27700]
Download as PDF
<![CDATA[
72624
Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
The Commission has further
determined that the public interest
factors enumerated in sections 337(d)(1)
and 337(f)(1) (19 U.S.C. 1337(d)(1) and
1337(f)(1)) do not warrant denying
relief. Finally, the Commission has
determined that a bond in the amount
of five (5) percent of the entered value
of the covered articles is required during
the period of Presidential review (19
U.S.C. 1337(j)). The Commission’s order
was delivered to the President and to
the United States Trade Representative
on the day of its issuance.
The Commission issues its opinion
herewith setting forth its determinations
on the remedy issues. The investigation
is terminated.
The Commission vote for this
determination took place on December
16, 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 part
210.
By order of the Commission.
Issued: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–27702 Filed 12–21–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1206]
Certain Percussive Massage Devices;
Issuance of a General Exclusion Order
and a Cease and Desist Order;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to issue a
general exclusion order (‘‘GEO’’) and a
cease and desist order (‘‘CDO’’) directed
to respondent Kinghood International
Logistics Inc. (‘‘Kinghood’’) in the
above-captioned investigation. The
investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:55 Dec 21, 2021
Jkt 256001
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.
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 July 22, 2020, based on a complaint
filed on behalf of Hyper Ice, Inc.
(‘‘Hyperice’’) of Irvine, California. 85 FR
44322 (July 22, 2020). The complaint, as
supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain percussive massage devices by
reason of infringement of U.S. Design
Patent Nos. D855,822 and D886,317
(collectively, ‘‘Asserted Design Patents’’)
and claims 1–9, 14, and 15 of U.S.
Patent No. 10,561,574 (‘‘the ’574
patent’’). The complaint further alleged
that a domestic industry exists. The
Commission’s notice of investigation
named the following nineteen
respondents: Laiwushiyu Xinuan
Trading Company of Shandong District,
China; Shenzhen Let Us Win-Win
Technology Co., Ltd. of Guangdong,
China; Shenzhen Qifeng Technology
Co., Ltd. of Guangdong, China;
Shenzhen QingYueTang E-commerce
Co., Ltd. of Guangdong, China; and
Shenzhen Shiluo Trading Co., Ltd. of
Guangdong, China (collectively, the
‘‘Unserved Respondents’’); Kinghood of
La Mirada, California; Manybo
Ecommerce Ltd. (‘‘Manybo’’) of Hong
Kong, China; Shenzhen Infein
Technology Co., Ltd. (‘‘Shenzhen
Infein’’) of Guangdong, China; Hong
Kong Yongxu Capital Management Co.,
Ltd. (‘‘Hong Kong Yongxu’’) of Hong
Kong, China; Kula eCommerce Co., Ltd.
(‘‘Kula’’) of Guangdong, China;
Performance Health Systems, LLC
(‘‘Performance Health’’) of Northbrook,
Illinois; Rechar, Inc. (‘‘Rechar’’) of
Strasburg, Colorado; Ning Chen of
Yancheng, Jiangsu China; Opove, Ltd.
(‘‘Opove’’) of Azusa, California;
Shenzhen Shufang E-Commerce Co.,
Ltd. (‘‘Shufang E-Commerce’’) of
Shenzhen, China; Fu Si (‘‘Shenzhen
Fusi Technology’’) of Guangdong,
China; 1 WODFitters of Lorton, Virginia;
1 Respondent Fu Si’s full name is Shenzhen Fusi
Technology Co., Ltd. See Response of Opove Ltd.,
Shenzhen Shufang E-Commerce Co., Ltd., and Fu Si
to the Complaint and Notice of Investigation at ¶ 40,
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
Massimo Motor Sports, LLC
(‘‘Massimo’’) of Garland, Texas; and
Addaday LLC (‘‘Addaday’’) of Santa
Monica, California. The notice of
investigation also named the Office of
Unfair Import Investigations (‘‘OUII’’) as
a party.
On October 16, 2020, the Commission
determined not to review Order No. 11
granting motions to intervene by third
parties Shenzhen Xinde Technology
Co., Ltd. (‘‘Xinde’’) and Yongkang Aijiu
Industrial & Trade Co., Ltd. (‘‘Aijiu’’) in
the investigation. See Order No. 11
(Sept. 25, 2020), unreviewed by Comm’n
Notice (Oct. 16, 2020).
Respondents Addaday, WODFitters,
Massimo, Performance Health, Rechar,
Ning Chen, Opove, Shufang ECommerce, Xinde, Aijiu, and Shenzhen
Fusi Technology were terminated from
the investigation based upon settlement
agreements. See Order No. 10 (Sept. 16,
2020), unreviewed by Comm’n Notice
(Oct. 15, 2020); Order No. 12 (Nov. 4,
2020), unreviewed by Comm’n Notice
(Nov. 20, 2020); Order No. 30 (Apr. 8,
2021), unreviewed by Comm’n Notice
(Apr. 22, 2021).
The Unserved Respondents were
terminated from the investigation based
upon withdrawal of the Complaint. See
Order No. 36 at 2 (Aug. 3, 2021),
unreviewed by Comm’n Notice (Aug. 19,
2021).
Respondents Kinghood, Manybo,
Shenzhen Infein, Hong Kong Yongxu,
and Kula (collectively, ‘‘the Defaulting
Respondents’’) were found in default.
See Order No. 17 (Dec. 17. 2020),
unreviewed by Comm’n Notice (Jan. 5,
2021).
On May 6, 2021, OUII filed a motion
to terminate the Asserted Design Patents
from this investigation on the ground
that Hyperice did not have sufficient
rights to the design patents at the time
the investigation was instituted. On May
17, 2021, Hyperice filed its response in
opposition to OUII’s motion to
terminate, which included a crossmotion to amend the Complaint to
reflect proper inventorship.
On May 7, 2021, Hyperice filed a
motion for summary determination that
the Defaulting Respondents have
violated section 337 for infringing its
three asserted patents. On May 14, 2021,
Hyperice supplemented its motion with
additional declarations. On May 20,
2021, Hyperice again supplemented its
motion with claim charts and exhibits.
OUII filed a response in support of the
EDIS Doc ID 716966 (Aug. 11, 2020). The principal
place of business of Shenzhen Fusi Technology Co.,
Ltd. was changed to 14E, Building A, Guanghao
International Center, No. 441 Meilong Road, Minzhi
Street, Longhua District, Shenzhen, China, 518131
effective September 15, 2020. Id.
E:\FR\FM\22DEN1.SGM
22DEN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
motion with respect to the ’574 patent
but not with respect to the Asserted
Design Patents.
On August 17, 2021, the ALJ issued
Order No. 38 denying Hyperice’s motion
to amend the complaint and the notice
of investigation to reflect proper
inventorship. That same day, the ALJ
issued Order No. 39 granting OUII’s
motion to terminate the Asserted Design
Patents for lack of standing. Hyperice
filed a timely petition for review of
Order No. 39 and OUII filed a response
to the petition.
On November 22, 2021, the
Commission determined to review in
part Order No. 39 and, on review, affirm
with modifications the ALJ’s denial of
limited relief under section 337(g)(1) as
to the Defaulting Respondents. The
Commission adopted Order No. 39’s
finding that Hyperice lacked standing to
assert the Asserted Design Patents in
this investigation. Accordingly, the
Commission terminated the Asserted
Design Patents from the investigation.
On August 20, 2021, the ALJ issued
the subject ID (Order No. 40) granting in
part Hyperice’s motion for summary
determination of violation of section
337. Specifically, the ID found: (1) That
Hyperice established the importation
requirement as to Defaulting
Respondents Kinghood, Manybo,
Shenzhen Infein, and Hong Kong
Yongxu, but not Kula; (2) that
Defaulting Respondents Kinghood,
Manybo, Shenzhen Infein, and Hong
Kong Yongxu infringe one or more of
claims 1–7, 9, 14, and 15 of the ’574
patent; (3) that Hyperice’s domestic
industry products practice at least one
claim of the ’574 patent; and (4) that
Hyperice has proven that a domestic
industry exists within the United States
related to articles protected by that
patent. Accordingly, the ALJ found that
four of the five Defaulting Respondents
have infringed one or more of claims 1–
7, 9, 14, and 15 of the ’574 patent in
violation of section 337. No petitions for
review of the ID were filed.
The ALJ concurrently issued a
Recommended Determination (‘‘RD’’) on
the issues of remedy and bonding. The
RD recommended the issuance of a GEO
and a CDO against Kinghood and setting
the bond during the period of
Presidential review in the amount of
one hundred percent (100%) of the
entered value.
On October 20, 2021, the Commission
determined to review the ID in part and
requested briefing on one issue it
determined to review, and on remedy,
the public interest, and bonding. 86 FR
59187 (Oct. 26, 2021). Specifically, the
Commission determined to review the
ID’s finding that Hyperice satisfied the
VerDate Sep<11>2014
17:55 Dec 21, 2021
Jkt 256001
economic prong of the domestic
industry requirement with respect to the
’574 patent. The Commission adopted
the ID’s findings that Hyperice provided
undisputed evidence that Kinghood’s,
Manybo’s, and Shenzhen Infein’s
accused products infringe claims 1–7, 9,
14 and 15 of the ’574 patent and that
Hong Kong Yongxu’s accused products
infringe claims 1–7, 14 and 15 of the
’574 patent. Although Hyperice
provided undisputed evidence that
Kula’s accused products infringe claims
1–7, 9, 14 and 15 of the ’574 patent, the
Commission adopted the ID’s finding
that there is insufficient evidence of
importation of Kula’s accused products.
On November 3, 2021, Hyperice and
OUII filed their initial written
submissions regarding the issue on
review, and on remedy, the public
interest, and bonding. OUII further filed
a response brief on November 10, 2021.
Having examined the record of this
investigation, including the ID and the
submissions received, the Commission
has determined to affirm the ID’s
finding that Hyperice satisfied the
economic prong of the domestic
industry requirement as to the ’574
patent.2 Accordingly, the Commission
finds a violation of section 337 as to
respondents Kinghood, Manybo,
Shenzhen Infein, and Hong Kong
Yongxu with respect to the ’574 patent.
The Commission has determined that
the appropriate remedy in this
investigation is: (1) A GEO prohibiting
the unlicensed importation of
therapeutic handheld percussive
massage devices for applying percussive
massage to a person’s body that infringe
one or more of claims 1–7, 9, 14, and 15
of the ’574 patent; and (2) a CDO
prohibiting respondent Kinghood from
further importing, selling, and
distributing infringing products in the
United States. The Commission has also
determined that the public interest
factors enumerated in paragraphs
337(d)(1) and (f)(1), 19 U.S.C. 1337(d)(1)
and (f)(1), do not preclude issuance of
these remedial orders. Finally, the
Commission has determined that the
bond during the period of Presidential
review pursuant to 19 U.S.C. 1337(j)
shall be in the amount of one hundred
percent (100%) of the entered value of
the imported articles. The Commission’s
order was delivered to the President and
to the United States Trade
Representative on the day of its
issuance. The investigation is hereby
terminated.
2 Chair Kearns does not join his colleagues in
finding the economic prong requirement met under
section 337(a)(3)(B), and therefore does not find a
violation of section 337.
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
72625
Commissioners Karpel and
Schmidtlein would issue CDOs directed
to respondents Kinghood, Manybo,
Shenzhen Infein, Kula, and Hong Kong
Yongxu pursuant to 19 U.S.C.
1337(g)(1).
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the Complainant complete
service for any party without a method
of electronic service noted on the
attached Certificate of Service and shall
file proof of service on the Electronic
Document Information System (EDIS).
The Commission vote for this
determination took place on December
16, 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 part
210.
By order of the Commission.
Issued: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–27700 Filed 12–21–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1228]
Certain Automated Storage and
Retrieval Systems, Robots, and
Components Thereof Notice of
Request for Submissions on the Public
Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that on
December 13, 2021, the presiding
administrative law judge (‘‘ALJ’’) issued
an Initial Determination on Violation of
Section 337. The ALJ also issued a
Recommended Determination on
remedy and bonding should a violation
be found in the above-captioned
investigation. The Commission is
soliciting submissions on public interest
issues raised by the recommended relief
should the Commission find a violation.
This notice is soliciting comments from
the public only.
SUMMARY:
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72624-72625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27700]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1206]
Certain Percussive Massage Devices; Issuance of a General
Exclusion Order and a Cease and Desist Order; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue a general exclusion order (``GEO'')
and a cease and desist order (``CDO'') directed to respondent Kinghood
International Logistics Inc. (``Kinghood'') in the above-captioned
investigation. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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: The Commission instituted this investigation
on July 22, 2020, based on a complaint filed on behalf of Hyper Ice,
Inc. (``Hyperice'') of Irvine, California. 85 FR 44322 (July 22, 2020).
The complaint, as supplemented, alleged violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain percussive massage
devices by reason of infringement of U.S. Design Patent Nos. D855,822
and D886,317 (collectively, ``Asserted Design Patents'') and claims 1-
9, 14, and 15 of U.S. Patent No. 10,561,574 (``the '574 patent''). The
complaint further alleged that a domestic industry exists. The
Commission's notice of investigation named the following nineteen
respondents: Laiwushiyu Xinuan Trading Company of Shandong District,
China; Shenzhen Let Us Win-Win Technology Co., Ltd. of Guangdong,
China; Shenzhen Qifeng Technology Co., Ltd. of Guangdong, China;
Shenzhen QingYueTang E-commerce Co., Ltd. of Guangdong, China; and
Shenzhen Shiluo Trading Co., Ltd. of Guangdong, China (collectively,
the ``Unserved Respondents''); Kinghood of La Mirada, California;
Manybo Ecommerce Ltd. (``Manybo'') of Hong Kong, China; Shenzhen Infein
Technology Co., Ltd. (``Shenzhen Infein'') of Guangdong, China; Hong
Kong Yongxu Capital Management Co., Ltd. (``Hong Kong Yongxu'') of Hong
Kong, China; Kula eCommerce Co., Ltd. (``Kula'') of Guangdong, China;
Performance Health Systems, LLC (``Performance Health'') of Northbrook,
Illinois; Rechar, Inc. (``Rechar'') of Strasburg, Colorado; Ning Chen
of Yancheng, Jiangsu China; Opove, Ltd. (``Opove'') of Azusa,
California; Shenzhen Shufang E-Commerce Co., Ltd. (``Shufang E-
Commerce'') of Shenzhen, China; Fu Si (``Shenzhen Fusi Technology'') of
Guangdong, China; \1\ WODFitters of Lorton, Virginia; Massimo Motor
Sports, LLC (``Massimo'') of Garland, Texas; and Addaday LLC
(``Addaday'') of Santa Monica, California. The notice of investigation
also named the Office of Unfair Import Investigations (``OUII'') as a
party.
---------------------------------------------------------------------------
\1\ Respondent Fu Si's full name is Shenzhen Fusi Technology
Co., Ltd. See Response of Opove Ltd., Shenzhen Shufang E-Commerce
Co., Ltd., and Fu Si to the Complaint and Notice of Investigation at
] 40, EDIS Doc ID 716966 (Aug. 11, 2020). The principal place of
business of Shenzhen Fusi Technology Co., Ltd. was changed to 14E,
Building A, Guanghao International Center, No. 441 Meilong Road,
Minzhi Street, Longhua District, Shenzhen, China, 518131 effective
September 15, 2020. Id.
---------------------------------------------------------------------------
On October 16, 2020, the Commission determined not to review Order
No. 11 granting motions to intervene by third parties Shenzhen Xinde
Technology Co., Ltd. (``Xinde'') and Yongkang Aijiu Industrial & Trade
Co., Ltd. (``Aijiu'') in the investigation. See Order No. 11 (Sept. 25,
2020), unreviewed by Comm'n Notice (Oct. 16, 2020).
Respondents Addaday, WODFitters, Massimo, Performance Health,
Rechar, Ning Chen, Opove, Shufang E-Commerce, Xinde, Aijiu, and
Shenzhen Fusi Technology were terminated from the investigation based
upon settlement agreements. See Order No. 10 (Sept. 16, 2020),
unreviewed by Comm'n Notice (Oct. 15, 2020); Order No. 12 (Nov. 4,
2020), unreviewed by Comm'n Notice (Nov. 20, 2020); Order No. 30 (Apr.
8, 2021), unreviewed by Comm'n Notice (Apr. 22, 2021).
The Unserved Respondents were terminated from the investigation
based upon withdrawal of the Complaint. See Order No. 36 at 2 (Aug. 3,
2021), unreviewed by Comm'n Notice (Aug. 19, 2021).
Respondents Kinghood, Manybo, Shenzhen Infein, Hong Kong Yongxu,
and Kula (collectively, ``the Defaulting Respondents'') were found in
default. See Order No. 17 (Dec. 17. 2020), unreviewed by Comm'n Notice
(Jan. 5, 2021).
On May 6, 2021, OUII filed a motion to terminate the Asserted
Design Patents from this investigation on the ground that Hyperice did
not have sufficient rights to the design patents at the time the
investigation was instituted. On May 17, 2021, Hyperice filed its
response in opposition to OUII's motion to terminate, which included a
cross-motion to amend the Complaint to reflect proper inventorship.
On May 7, 2021, Hyperice filed a motion for summary determination
that the Defaulting Respondents have violated section 337 for
infringing its three asserted patents. On May 14, 2021, Hyperice
supplemented its motion with additional declarations. On May 20, 2021,
Hyperice again supplemented its motion with claim charts and exhibits.
OUII filed a response in support of the
[[Page 72625]]
motion with respect to the '574 patent but not with respect to the
Asserted Design Patents.
On August 17, 2021, the ALJ issued Order No. 38 denying Hyperice's
motion to amend the complaint and the notice of investigation to
reflect proper inventorship. That same day, the ALJ issued Order No. 39
granting OUII's motion to terminate the Asserted Design Patents for
lack of standing. Hyperice filed a timely petition for review of Order
No. 39 and OUII filed a response to the petition.
On November 22, 2021, the Commission determined to review in part
Order No. 39 and, on review, affirm with modifications the ALJ's denial
of limited relief under section 337(g)(1) as to the Defaulting
Respondents. The Commission adopted Order No. 39's finding that
Hyperice lacked standing to assert the Asserted Design Patents in this
investigation. Accordingly, the Commission terminated the Asserted
Design Patents from the investigation.
On August 20, 2021, the ALJ issued the subject ID (Order No. 40)
granting in part Hyperice's motion for summary determination of
violation of section 337. Specifically, the ID found: (1) That Hyperice
established the importation requirement as to Defaulting Respondents
Kinghood, Manybo, Shenzhen Infein, and Hong Kong Yongxu, but not Kula;
(2) that Defaulting Respondents Kinghood, Manybo, Shenzhen Infein, and
Hong Kong Yongxu infringe one or more of claims 1-7, 9, 14, and 15 of
the '574 patent; (3) that Hyperice's domestic industry products
practice at least one claim of the '574 patent; and (4) that Hyperice
has proven that a domestic industry exists within the United States
related to articles protected by that patent. Accordingly, the ALJ
found that four of the five Defaulting Respondents have infringed one
or more of claims 1-7, 9, 14, and 15 of the '574 patent in violation of
section 337. No petitions for review of the ID were filed.
The ALJ concurrently issued a Recommended Determination (``RD'') on
the issues of remedy and bonding. The RD recommended the issuance of a
GEO and a CDO against Kinghood and setting the bond during the period
of Presidential review in the amount of one hundred percent (100%) of
the entered value.
On October 20, 2021, the Commission determined to review the ID in
part and requested briefing on one issue it determined to review, and
on remedy, the public interest, and bonding. 86 FR 59187 (Oct. 26,
2021). Specifically, the Commission determined to review the ID's
finding that Hyperice satisfied the economic prong of the domestic
industry requirement with respect to the '574 patent. The Commission
adopted the ID's findings that Hyperice provided undisputed evidence
that Kinghood's, Manybo's, and Shenzhen Infein's accused products
infringe claims 1-7, 9, 14 and 15 of the '574 patent and that Hong Kong
Yongxu's accused products infringe claims 1-7, 14 and 15 of the '574
patent. Although Hyperice provided undisputed evidence that Kula's
accused products infringe claims 1-7, 9, 14 and 15 of the '574 patent,
the Commission adopted the ID's finding that there is insufficient
evidence of importation of Kula's accused products. On November 3,
2021, Hyperice and OUII filed their initial written submissions
regarding the issue on review, and on remedy, the public interest, and
bonding. OUII further filed a response brief on November 10, 2021.
Having examined the record of this investigation, including the ID
and the submissions received, the Commission has determined to affirm
the ID's finding that Hyperice satisfied the economic prong of the
domestic industry requirement as to the '574 patent.\2\ Accordingly,
the Commission finds a violation of section 337 as to respondents
Kinghood, Manybo, Shenzhen Infein, and Hong Kong Yongxu with respect to
the '574 patent.
---------------------------------------------------------------------------
\2\ Chair Kearns does not join his colleagues in finding the
economic prong requirement met under section 337(a)(3)(B), and
therefore does not find a violation of section 337.
---------------------------------------------------------------------------
The Commission has determined that the appropriate remedy in this
investigation is: (1) A GEO prohibiting the unlicensed importation of
therapeutic handheld percussive massage devices for applying percussive
massage to a person's body that infringe one or more of claims 1-7, 9,
14, and 15 of the '574 patent; and (2) a CDO prohibiting respondent
Kinghood from further importing, selling, and distributing infringing
products in the United States. The Commission has also determined that
the public interest factors enumerated in paragraphs 337(d)(1) and
(f)(1), 19 U.S.C. 1337(d)(1) and (f)(1), do not preclude issuance of
these remedial orders. Finally, the Commission has determined that the
bond during the period of Presidential review pursuant to 19 U.S.C.
1337(j) shall be in the amount of one hundred percent (100%) of the
entered value of the imported articles. The Commission's order was
delivered to the President and to the United States Trade
Representative on the day of its issuance. The investigation is hereby
terminated.
Commissioners Karpel and Schmidtlein would issue CDOs directed to
respondents Kinghood, Manybo, Shenzhen Infein, Kula, and Hong Kong
Yongxu pursuant to 19 U.S.C. 1337(g)(1).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant complete service for any party
without a method of electronic service noted on the attached
Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission vote for this determination took place on December
16, 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
part 210.
By order of the Commission.
Issued: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27700 Filed 12-21-21; 8:45 am]
BILLING CODE 7020-02-P
