Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same; Notice of a Commission Determination To Review in Part a Final Initial Determination; and, on Review, To Find No Violation of Section 337; Termination of the Investigation, 17617-17618 [2023-05935]
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Notices
economic prong of the domestic
industry requirement as to the ’794
patent under 19 U.S.C. 1337(a)(3)
subparagraphs (A) and (B). The
Commission determined not to review
Order No. 15’s finding that Ericsson met
the economic prong of the domestic
industry requirement as to the ’454 and
’999 patents under 19 U.S.C. 1337(a)(3)
subparagraph (A). Id.
On February 6, 2023, complainants
Ericsson and respondent Apple moved
pursuant to 19 CFR 210.21(b) to
terminate the investigation based on a
settlement agreement. On February 7,
2023, OUII filed a statement in support.
On February 16, 2023, the ALJ issued
the subject ID (Order No. 38) granting
the motion. The ID found that the
subject motion complies with the
Commission rules and that there are no
extraordinary circumstances that
warrant denying the motion. ID at 2.
The ID also found that there is no
evidence indicating that terminating
this investigation based on the
settlement agreement would be contrary
to the public interest. Id.
No party petitioned for review of the
ID.
The Commission has determined not
to review the subject ID. Accordingly,
the investigation is terminated in its
entirety.
The Commission vote for this
determination took place on March 20,
2023.
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 20, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023–06013 Filed 3–22–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
ddrumheller on DSK120RN23PROD with NOTICES1
[Investigation No. 337–TA–1279]
Certain Flocked Swabs, Products
Containing Flocked Swabs, and
Methods of Using Same; Notice of a
Commission Determination To Review
in Part a Final Initial Determination;
and, on Review, To Find No Violation
of Section 337; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
VerDate Sep<11>2014
19:23 Mar 22, 2023
Jkt 259001
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘ID’’) issued on October
28, 2022, finding no violation of section
337, in the above-referenced
investigation. On review, the
Commission has determined to find no
violation of section 337. The
investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., 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
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: On
September 2, 2021, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on a
complaint filed by Copan Italia S.p.A.
and Copan Industries, Inc. (‘‘Copan,’’ or
‘‘Complainants’’). 86 FR 49343–44
(Sept. 2, 2021). The complaint alleged a
violation of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain flocked swabs, products
containing flocked swabs, and methods
of using same by reason of infringement
of claims 1, 6–9, 11–14, 16–19, and 21–
22 of U.S. Patent No. 9,011,358 (‘‘the
’358 patent’’); claims 1, 4–6, 8, 9, 11–13,
16–20, and 22–24 of U.S. Patent No.
9,173,779 (‘‘the ’779 patent’’); and
claims 1, 3, 5, 7–10, 18, and 20 of U.S.
Patent No. 10,327,741 (‘‘the ’741
patent’’). The complaint also alleged the
existence of a domestic industry.
The notice of investigation named
numerous respondents, including Han
Chang Medic of Chungnam, Republic of
Korea (‘‘HCM’’); Wuxi NEST
Biotechnology Co., Ltd. of Wuxi,
Jiangsu, China; NEST Scientific Inc. and
NEST Scientific USA, both of Rahway,
New Jersey (collectively, ‘‘NEST’’);
Miraclean Technology Co., Ltd. of
Shenzhen, Guangdong, China
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
17617
(‘‘Miraclean’’); Vectornate Korea Ltd. of
Jangseong, Republic of Korea and
Vectornate USA, Inc. of Mahwah, New
Jersey (collectively, ‘‘Vectornate’’);
Innovative Product Brands, Inc. of
Highland, California (‘‘Innovative’’);
Thomas Scientific, Inc. of Swedesboro,
New Jersey (‘‘TSI’’); Thomas Scientific,
LLC (‘‘TSL’’) and Stellar Scientific, LLC
(‘‘Stellar’’), both of Owings Mills,
Maryland; Cardinal Health, Inc. of
Dublin, Ohio (‘‘Cardinal’’); KSL
Biomedical, Inc. and KSL Diagnostics,
Inc., both of Williamsville, New York
(collectively, ‘‘KSL’’); Jiangsu Changfeng
Medical Industry Co., Ltd. of Yangzhou,
Jiangsu, China (‘‘JCM’’); No Borders
Dental Resources, Inc., dba MediDent
Supplies of Queen Creek, Arizona
(‘‘MediDent’’); BioTeke Corporation
(Wuxi) Co., Ltd. of Wuxi, Jiangsu, China
(‘‘BioTeke’’); Fosun Pharma USA Inc. of
Princeton, New Jersey (‘‘Fosun’’); Hunan
Runmei Gene Technology Co., Ltd. of
Changsha, Hunan, China (‘‘HRGT’’);
VWR International, LLC of Radnor,
Pennsylvania (‘‘VWR’’); and Slmp, LLC
dba StatLab Medical Products of
McKinney, Texas (‘‘StatLab’’). Id. at
49343–44. The Commission’s Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party in this
investigation. Id. at 49344. After
institution, Huachenyang (Shenzhen)
Technology Co., Ltd. (‘‘HCY’’) and HCY
USA, LLC (‘‘HCY USA’’) were allowed
to intervene as respondents in this
investigation. Order No. 30 (Dec. 7,
2021), unreviewed by Notice (Jan. 6,
2021).
On June 15, 2022, a Claim
Construction Order (Order No. 51)
issued construing claim terms from the
asserted patents. Pursuant to the parties’
request, that Order was amended with
respect to the definition of level of a
person of ordinary skill in the art in
Order No. 66 (July 1, 2022). An
evidentiary hearing was held on June
27–July 1, 2022.
During the course of the investigation,
a number of respondents were
terminated from the investigation or
were found in default. See ID at 7 n.5
(noting termination of the investigation
as to KSL, VWR, Cardinal, Innovative,
Vectornate, TSL, TSI, Stellar, HCY USA,
StatLab, and Fosun); ID at 7 n.6 (citing
Order No. 27 (Nov. 15, 2021),
unreviewed, Comm’n Notice (Dec. 6,
2021) (finding HRGT in default); Order
No. 31 (Dec. 15, 2021), unreviewed,
Comm’n Notice (Jan. 10, 2022) (finding
HCM and MediDent in default)). The
following respondents remain in the
investigation: NEST, JCM, BioTeke,
Miraclean, and HCY (collectively,
‘‘Respondents’’).
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ddrumheller on DSK120RN23PROD with NOTICES1
17618
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Notices
Also, during the course of the
investigation, Complainants withdrew
their allegations with respect to claims
7–9, 11–14, 16–19, 21, and 22 of the
’358 patent, claims 4–6, 8, 11–13, 16–20,
and 22–24 of the ’779 patent, and claims
5, 7–9, and 20 of the ’741 patent, and
the investigation was terminated as to
these claims. Thus, claims 1 and 6 of the
’358 patent, claims 1 and 9 of the ’779
patent, and claims 1, 3, 10, and 18 of the
’741 patent remain in the investigation.
On October 28, 2022, the ALJ issued
a final ID, finding no violation of section
337 in this investigation. Specifically,
the final ID terminated claim 18 of the
’741 patent after Complainants did not
proceed with this claim at the hearing.
With respect to the remaining asserted
claims of the ’358, ’779, and ’741
patents, the final ID found no violation
based on Complainants’ failure of proof
with respect to infringement and the
technical prong of the domestic industry
requirement. The final ID also
determined that the asserted patent
claims have not been shown to be
invalid. The final ID further found that
if the asserted domestic industry
products satisfy the technical prong of
the domestic industry requirement,
Complainants have shown that the
economic prong of the domestic
industry requirement is satisfied with
respect to all the asserted patents under
section 337(a)(3)(A). On November 14,
2022, the ALJ issued a recommended
determination on remedy, the public
interest, and bonding.
Also on November 14, 2022,
Complainants, Respondents, and OUII
filed separate petitions for review of the
final ID. On November 22, 2022, they
filed separate replies to the petitions for
review.
No submissions were received in
response to the Commission’s notice
soliciting submissions from the public
on the public interest issues raised by
the recommended determination. 87 FR
70863 (Nov. 21, 2022).
Having reviewed the record of the
investigation, including the final ID, the
Claim Construction Order, and the
parties’ submissions, the Commission
has determined to review in part the
final ID and, on review, affirm the final
ID’s finding of no violation of section
337 with the supplemental reasoning
discussed below. In particular, the
Commission has determined to review
and adopt the ALJ’s claim constructions,
including the term ‘‘perpendicularly’’ in
the ’358 and ’779 patent claims and the
term ‘‘oriented manner’’ in the ’741
patent claims, based on the reasoning
provided in the Claim Construction
Order and the final ID. The Commission
supplements the ID’s construction of the
VerDate Sep<11>2014
19:23 Mar 22, 2023
Jkt 259001
term ‘‘perpendicularly’’ with the
inventor’s statements during
prosecution at RX–0309.0270–0271,
which further supports the ID’s finding
at page 50 that the fibers of prior art
Griffiths were not flocked in an ordered
arrangement normal to the surface
although Griffiths employs electrostatic
flocking. Copan does not challenge the
final ID’s findings that Respondents’
accused products do not infringe and
that the domestic industry products do
not practice these limitations under the
ALJ’s claim constructions. Having failed
to show that its alleged domestic
industry products practice any of the
asserted patents, Copan has necessarily
failed to show the existence of a
domestic industry under section
337(a)(3) for the asserted patents.
Accordingly, the Commission has
determined to review and take no
position on the economic prong of the
domestic industry requirement.
The Commission has also determined
to review and adopt the final ID’s
findings that the JCM accused products
do not infringe and that Copan’s
domestic industry products do not
practice the absorption ‘‘by capillarity’’
limitations of the ’358 and ’779 patents
based on the reasoning provided in the
final ID. The Commission supplements
the ID’s reasoning with the inventor’s
statements made during prosecution of
the ’779 patent. In particular, in an
August 11, 2014 reply to an office action
from June 11, 2014, the inventor argued
that a ‘‘brush’’ disclosed in the prior art,
Hedberg (U.S. Patent No. 5,623,941)
(RX–0141), ‘‘does not provide an
appreciable capillary action of the fiber
layer, since the quantity of liquid
collected by dipping the brush in a
liquid (please note that a collection of
liquid by dipping a device into the
liquid does not require a capillary
action, since also a spoon can collect
liquid when dipped into a liquid
container, despite the fact that a spoon
evidently has no capillary action) was
easily lost by the swab, thus showing
the absence of a capillary effect . . . .’’
JX–0005.1555 (emphasis in original).
The Commission finds the inventor’s
statements during prosecution further
support the ID’s finding that Dr.
Michielsen’s testing, which included
collecting liquid after dipping an
accused swab into beet juice, did not
reliably show liquid absorbed solely by
capillarity. See, e.g., ID at 103. Thus, the
Commission finds the record evidence
supports the ID’s finding that Dr.
Michielsen’s testing does not show, by
a preponderance of the evidence, that
the absorption ‘‘by capillarity’’
limitation is met by the JCM accused
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
products and Copan’s domestic industry
products. See ID at 103–106, 111, 128–
29, 131.
Among other findings, the
Commission has determined not to
review the final ID’s findings that
BioTeke’s redesigned products should
be adjudicated and are not infringing
and that the asserted claims have not
been shown to be invalid.
In addition, the Commission corrects
a typographical error on page 151 of the
ID. The sentence should read as follows:
‘‘the evidence does not show, clearly
and convincingly, obviousness of any
asserted claim . . . .’’
Accordingly, the Commission has
determined to affirm the ID’s finding of
no violation of section 337 with the
supplemental reasoning discussed
above. The investigation is terminated
in its entirety.
The Commission vote for this
determination took place on March 17,
2023.
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 17, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–05935 Filed 3–22–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Amended
Complaint; Solicitation of Comments
Relating to the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received an amended
complaint entitled Certain Portable
Battery Jump Starters and Components
Thereof, DN 3669; the Commission is
soliciting comments on any public
interest issues raised by the amended
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT:
Designated Secretary Name, Acting/
Secretary to the Commission, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000. The public
version of the complaint can be
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17617-17618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05935]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1279]
Certain Flocked Swabs, Products Containing Flocked Swabs, and
Methods of Using Same; Notice of a Commission Determination To Review
in Part a Final Initial Determination; and, on Review, To Find No
Violation of Section 337; 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 review in part the presiding
administrative law judge's (``ALJ'') final initial determination
(``ID'') issued on October 28, 2022, finding no violation of section
337, in the above-referenced investigation. On review, the Commission
has determined to find no violation of section 337. The investigation
is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., 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: On September 2, 2021, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based on a complaint filed by Copan
Italia S.p.A. and Copan Industries, Inc. (``Copan,'' or
``Complainants''). 86 FR 49343-44 (Sept. 2, 2021). The complaint
alleged a violation of section 337 in the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain flocked swabs, products containing flocked
swabs, and methods of using same by reason of infringement of claims 1,
6-9, 11-14, 16-19, and 21-22 of U.S. Patent No. 9,011,358 (``the '358
patent''); claims 1, 4-6, 8, 9, 11-13, 16-20, and 22-24 of U.S. Patent
No. 9,173,779 (``the '779 patent''); and claims 1, 3, 5, 7-10, 18, and
20 of U.S. Patent No. 10,327,741 (``the '741 patent''). The complaint
also alleged the existence of a domestic industry.
The notice of investigation named numerous respondents, including
Han Chang Medic of Chungnam, Republic of Korea (``HCM''); Wuxi NEST
Biotechnology Co., Ltd. of Wuxi, Jiangsu, China; NEST Scientific Inc.
and NEST Scientific USA, both of Rahway, New Jersey (collectively,
``NEST''); Miraclean Technology Co., Ltd. of Shenzhen, Guangdong, China
(``Miraclean''); Vectornate Korea Ltd. of Jangseong, Republic of Korea
and Vectornate USA, Inc. of Mahwah, New Jersey (collectively,
``Vectornate''); Innovative Product Brands, Inc. of Highland,
California (``Innovative''); Thomas Scientific, Inc. of Swedesboro, New
Jersey (``TSI''); Thomas Scientific, LLC (``TSL'') and Stellar
Scientific, LLC (``Stellar''), both of Owings Mills, Maryland; Cardinal
Health, Inc. of Dublin, Ohio (``Cardinal''); KSL Biomedical, Inc. and
KSL Diagnostics, Inc., both of Williamsville, New York (collectively,
``KSL''); Jiangsu Changfeng Medical Industry Co., Ltd. of Yangzhou,
Jiangsu, China (``JCM''); No Borders Dental Resources, Inc., dba
MediDent Supplies of Queen Creek, Arizona (``MediDent''); BioTeke
Corporation (Wuxi) Co., Ltd. of Wuxi, Jiangsu, China (``BioTeke'');
Fosun Pharma USA Inc. of Princeton, New Jersey (``Fosun''); Hunan
Runmei Gene Technology Co., Ltd. of Changsha, Hunan, China (``HRGT'');
VWR International, LLC of Radnor, Pennsylvania (``VWR''); and Slmp, LLC
dba StatLab Medical Products of McKinney, Texas (``StatLab''). Id. at
49343-44. The Commission's Office of Unfair Import Investigations
(``OUII'') was also named as a party in this investigation. Id. at
49344. After institution, Huachenyang (Shenzhen) Technology Co., Ltd.
(``HCY'') and HCY USA, LLC (``HCY USA'') were allowed to intervene as
respondents in this investigation. Order No. 30 (Dec. 7, 2021),
unreviewed by Notice (Jan. 6, 2021).
On June 15, 2022, a Claim Construction Order (Order No. 51) issued
construing claim terms from the asserted patents. Pursuant to the
parties' request, that Order was amended with respect to the definition
of level of a person of ordinary skill in the art in Order No. 66 (July
1, 2022). An evidentiary hearing was held on June 27-July 1, 2022.
During the course of the investigation, a number of respondents
were terminated from the investigation or were found in default. See ID
at 7 n.5 (noting termination of the investigation as to KSL, VWR,
Cardinal, Innovative, Vectornate, TSL, TSI, Stellar, HCY USA, StatLab,
and Fosun); ID at 7 n.6 (citing Order No. 27 (Nov. 15, 2021),
unreviewed, Comm'n Notice (Dec. 6, 2021) (finding HRGT in default);
Order No. 31 (Dec. 15, 2021), unreviewed, Comm'n Notice (Jan. 10, 2022)
(finding HCM and MediDent in default)). The following respondents
remain in the investigation: NEST, JCM, BioTeke, Miraclean, and HCY
(collectively, ``Respondents'').
[[Page 17618]]
Also, during the course of the investigation, Complainants withdrew
their allegations with respect to claims 7-9, 11-14, 16-19, 21, and 22
of the '358 patent, claims 4-6, 8, 11-13, 16-20, and 22-24 of the '779
patent, and claims 5, 7-9, and 20 of the '741 patent, and the
investigation was terminated as to these claims. Thus, claims 1 and 6
of the '358 patent, claims 1 and 9 of the '779 patent, and claims 1, 3,
10, and 18 of the '741 patent remain in the investigation.
On October 28, 2022, the ALJ issued a final ID, finding no
violation of section 337 in this investigation. Specifically, the final
ID terminated claim 18 of the '741 patent after Complainants did not
proceed with this claim at the hearing. With respect to the remaining
asserted claims of the '358, '779, and '741 patents, the final ID found
no violation based on Complainants' failure of proof with respect to
infringement and the technical prong of the domestic industry
requirement. The final ID also determined that the asserted patent
claims have not been shown to be invalid. The final ID further found
that if the asserted domestic industry products satisfy the technical
prong of the domestic industry requirement, Complainants have shown
that the economic prong of the domestic industry requirement is
satisfied with respect to all the asserted patents under section
337(a)(3)(A). On November 14, 2022, the ALJ issued a recommended
determination on remedy, the public interest, and bonding.
Also on November 14, 2022, Complainants, Respondents, and OUII
filed separate petitions for review of the final ID. On November 22,
2022, they filed separate replies to the petitions for review.
No submissions were received in response to the Commission's notice
soliciting submissions from the public on the public interest issues
raised by the recommended determination. 87 FR 70863 (Nov. 21, 2022).
Having reviewed the record of the investigation, including the
final ID, the Claim Construction Order, and the parties' submissions,
the Commission has determined to review in part the final ID and, on
review, affirm the final ID's finding of no violation of section 337
with the supplemental reasoning discussed below. In particular, the
Commission has determined to review and adopt the ALJ's claim
constructions, including the term ``perpendicularly'' in the '358 and
'779 patent claims and the term ``oriented manner'' in the '741 patent
claims, based on the reasoning provided in the Claim Construction Order
and the final ID. The Commission supplements the ID's construction of
the term ``perpendicularly'' with the inventor's statements during
prosecution at RX-0309.0270-0271, which further supports the ID's
finding at page 50 that the fibers of prior art Griffiths were not
flocked in an ordered arrangement normal to the surface although
Griffiths employs electrostatic flocking. Copan does not challenge the
final ID's findings that Respondents' accused products do not infringe
and that the domestic industry products do not practice these
limitations under the ALJ's claim constructions. Having failed to show
that its alleged domestic industry products practice any of the
asserted patents, Copan has necessarily failed to show the existence of
a domestic industry under section 337(a)(3) for the asserted patents.
Accordingly, the Commission has determined to review and take no
position on the economic prong of the domestic industry requirement.
The Commission has also determined to review and adopt the final
ID's findings that the JCM accused products do not infringe and that
Copan's domestic industry products do not practice the absorption ``by
capillarity'' limitations of the '358 and '779 patents based on the
reasoning provided in the final ID. The Commission supplements the ID's
reasoning with the inventor's statements made during prosecution of the
'779 patent. In particular, in an August 11, 2014 reply to an office
action from June 11, 2014, the inventor argued that a ``brush''
disclosed in the prior art, Hedberg (U.S. Patent No. 5,623,941) (RX-
0141), ``does not provide an appreciable capillary action of the fiber
layer, since the quantity of liquid collected by dipping the brush in a
liquid (please note that a collection of liquid by dipping a device
into the liquid does not require a capillary action, since also a spoon
can collect liquid when dipped into a liquid container, despite the
fact that a spoon evidently has no capillary action) was easily lost by
the swab, thus showing the absence of a capillary effect . . . .'' JX-
0005.1555 (emphasis in original). The Commission finds the inventor's
statements during prosecution further support the ID's finding that Dr.
Michielsen's testing, which included collecting liquid after dipping an
accused swab into beet juice, did not reliably show liquid absorbed
solely by capillarity. See, e.g., ID at 103. Thus, the Commission finds
the record evidence supports the ID's finding that Dr. Michielsen's
testing does not show, by a preponderance of the evidence, that the
absorption ``by capillarity'' limitation is met by the JCM accused
products and Copan's domestic industry products. See ID at 103-106,
111, 128-29, 131.
Among other findings, the Commission has determined not to review
the final ID's findings that BioTeke's redesigned products should be
adjudicated and are not infringing and that the asserted claims have
not been shown to be invalid.
In addition, the Commission corrects a typographical error on page
151 of the ID. The sentence should read as follows: ``the evidence does
not show, clearly and convincingly, obviousness of any asserted claim .
. . .''
Accordingly, the Commission has determined to affirm the ID's
finding of no violation of section 337 with the supplemental reasoning
discussed above. The investigation is terminated in its entirety.
The Commission vote for this determination took place on March 17,
2023.
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 17, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05935 Filed 3-22-23; 8:45 am]
BILLING CODE 7020-02-P
