Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same; Institution of Rescission Proceeding; Issuance of Order Rescinding Remedial Orders as to a Respondent; Termination of Rescission Proceeding, 37274-37275 [2023-12101]

Download as PDF 37274 Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of 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: June 2, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–12176 Filed 6–6–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1265 (Rescission)] Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same; Institution of Rescission Proceeding; Issuance of Order Rescinding Remedial Orders as to a Respondent; Termination of Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to institute a rescission proceeding, issue an order rescinding the remedial orders directed to one SUMMARY: VerDate Sep<11>2014 17:01 Jun 06, 2023 Jkt 259001 respondent, and then terminate the rescission proceeding. 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. 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 May 19, 2021, the Commission instituted the underlying investigation based on a complaint filed on behalf of complainants DISH DBS Corporation of Englewood, Colorado; DISH Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado (collectively, ‘‘DISH’’). 86 FR 27106, 27106–07 (May 19, 2021). The complaint 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 fitness devices, streaming components thereof, and systems containing the same by reason of infringement of certain claims of U.S. Patent Nos. 9,407,564 (‘‘the ’564 patent’’); 10,469,554 (‘‘the ’554 patent’’); 10,469,555 (‘‘the ’555 patent’’); 10,757,156 (‘‘the ’156 patent’’); and 10,951,680 (‘‘the ’680 patent’’). Id. The complaint further alleged that a domestic industry exists. Id. The Commission’s notice of investigation named as respondents Peloton Interactive, Inc. of New York, New York (‘‘Peloton’’); iFIT Inc., f/k/a ICON Health & Fitness, Inc. of Logan, Utah; FreeMotion Fitness, Inc. of Logan, Utah; NordicTrack, Inc. of Logan, Utah (together with iFIT Inc. and FreeMotion Fitness, Inc., ‘‘iFIT’’); lululemon athletica inc. of Vancouver, Canada; and Curiouser Products Inc. d/b/a MIRROR of New York, New York (together with lululemon athletica inc., ‘‘MIRROR;’’ and together with the other respondents, ‘‘Respondents’’). Id.; Order No. 14 (Nov. 4, 2021), unreviewed by Comm’n Notice (Dec. 6, 2021), 86 FR 70532 (Dec. 10, 2021). The Office of Unfair Import SUPPLEMENTARY INFORMATION: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Investigations (‘‘OUII’’) participated in the investigation. 86 FR at 27106–07. Prior to the issuance of the final initial determination (‘‘Final ID’’) by the Chief Administrative Law Judge (‘‘CALJ’’), the investigation was terminated in part as to claims 6, 11, and 12 of the ’156 patent, claim 22 of the ’554 patent, and claim 17 of the ’555 patent. See Order No. 15 (Nov. 19, 2021), unreviewed by Comm’n Notice (Dec. 20, 2021). In addition, DISH withdrew its allegations that iFIT and Peloton infringe claims 9 and 12 of the ’156 patent, claim 19 of the ’554 patent, claims 12 and 13 of the ’555 patent, and claim 6 of the ’564 patent. The investigation was further terminated as to claims 6–8, 10, and 13–15 of the ’564 patent, claims 3 and 6–12 of the ’156 patent, claims 18, 19, 21–25, and 30 of the ’554 patent, claims 12, 13, 16, 17, 26, and 27 of the ’555 patent, and all asserted claims of the ’680 patent. Order No. 21 (Mar. 3, 2022), unreviewed by Comm’n Notice (Mar. 23, 2022). On September 9, 2022, the CALJ issued the Final ID, which found that Respondents violated section 337. On November 18, 2022, after considering the parties’ petitions and the responses thereto, the Commission determined to review the Final ID in part. 87 FR 72510, 72510–12 (Nov. 25, 2022). On February 13, 2023, MIRROR and DISH filed a joint, unopposed motion to partially terminate the investigation as to MIRROR based on a settlement agreement between DISH and MIRROR. On March 8, 2023, the Commission issued its final determination, finding respondents Peloton and iFIT in violation of section 337 as to the asserted claims of the ’156, ’554, and ’555 patents, but not as to the asserted claims of the ’564 patent. 88 FR 15736– 38 (Mar. 14, 2023). As a remedy for that violation, the Commission issued an LEO and CDOs directed to Peloton and iFIT. Id. The Commission’s final determination also terminated MIRROR from the investigation. Id. On May 5, 2023, the Commission modified the remedial orders in certain respects. 88 FR 30158 (May 10, 2023). On May 3, 2023, DISH filed a petition requesting that the Commission rescind the LEO and the CDO issued against Peloton based on settlement. DISH also filed confidential and public supplements to the petition that included confidential and public versions of the settlement agreement between DISH and Peloton. The petition asserts that recission is warranted based on changed conditions of fact and law stemming from DISH and Peloton reaching a settlement agreement that E:\FR\FM\07JNN1.SGM 07JNN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices fully resolves the dispute between DISH and Peloton concerning the subject matter of the underlying investigation. The petition does not request rescission as to Respondents other than Peloton. The petition states that Respondents do not oppose the motion. DISH also filed a motion to terminate Peloton based on settlement; a motion to stay the proceedings and suspend the Commission’s remedial orders as to Peloton; and a Notice acknowledging that the two motions will become moot upon grant of the Petition for Rescission. See Complainants’ Motion to Terminate the Investigation as to Respondent Peloton Interactive, Inc. Based on a Settlement Agreement (May 3, 2023); Complainants’ Motion to Stay Proceedings and Suspend Remedial Orders as to Respondent Peloton Interactive, Inc., Based on a Settlement Agreement, and for Expedited Consideration of Same (May 2, 2023); Complainants’ Notice to the Comm’n (May 5, 2023). On May 8, 2023, OUII filed a response supporting DISH’s petition. No other responses were received in response to the petition. In consideration of the petition and the response thereto, the Commission has determined to institute a rescission proceeding in this investigation. Consistent with an order issued concurrently herewith, the Commission has determined to rescind the modified remedial orders issued in this investigation to the extent they apply to Peloton. The settlement agreement fully resolves the dispute between DISH and Peloton concerning the subject matter of this investigation, the settlement agreement constitutes changed circumstances warranting rescission under section 337(k), (19 U.S.C. 1337(k)), and the petition complies with the procedural requirements of Commission Rule 210.76 (19 CFR 210.76). The Commission has further determined to find the motion to terminate respondent Peloton and the motion to stay the proceedings moot. The Commission has further determined to terminate this rescission proceeding. The Commission vote for these determinations took place on June 1, 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. VerDate Sep<11>2014 17:01 Jun 06, 2023 Jkt 259001 Issued: June 1, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–12101 Filed 6–6–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–895 (Fourth Review)] Pure Granular Magnesium From China; Scheduling of an Expedited Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on pure granular magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: May 8, 2023. FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On May 8, 2023, the Commission determined that the domestic interested party group response to its notice of institution (88 FR 6784, February 1, 2023) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review.1 Accordingly, SUMMARY: 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 37275 the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).2 For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Staff report.—A staff report containing information concerning the subject matter of the review has been placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for this review on August 9, 2023. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,3 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before August 17, 2023 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by August 17, 2023. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates 2 Chairman David S. Johanson voted to conduct a full review. 3 The Commission has found the response submitted on behalf of US Magnesium LLC, Magpro LLC, and The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 8319 to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37274-37275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12101]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1265 (Rescission)]


Certain Fitness Devices, Streaming Components Thereof, and 
Systems Containing Same; Institution of Rescission Proceeding; Issuance 
of Order Rescinding Remedial Orders as to a Respondent; Termination of 
Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to institute a rescission 
proceeding, issue an order rescinding the remedial orders directed to 
one respondent, and then terminate the rescission proceeding.

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 May 19, 2021, the Commission instituted 
the underlying investigation based on a complaint filed on behalf of 
complainants DISH DBS Corporation of Englewood, Colorado; DISH 
Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of 
Englewood, Colorado (collectively, ``DISH''). 86 FR 27106, 27106-07 
(May 19, 2021). The complaint 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 fitness devices, streaming 
components thereof, and systems containing the same by reason of 
infringement of certain claims of U.S. Patent Nos. 9,407,564 (``the 
'564 patent''); 10,469,554 (``the '554 patent''); 10,469,555 (``the 
'555 patent''); 10,757,156 (``the '156 patent''); and 10,951,680 (``the 
'680 patent''). Id. The complaint further alleged that a domestic 
industry exists. Id. The Commission's notice of investigation named as 
respondents Peloton Interactive, Inc. of New York, New York 
(``Peloton''); iFIT Inc., f/k/a ICON Health & Fitness, Inc. of Logan, 
Utah; FreeMotion Fitness, Inc. of Logan, Utah; NordicTrack, Inc. of 
Logan, Utah (together with iFIT Inc. and FreeMotion Fitness, Inc., 
``iFIT''); lululemon athletica inc. of Vancouver, Canada; and Curiouser 
Products Inc. d/b/a MIRROR of New York, New York (together with 
lululemon athletica inc., ``MIRROR;'' and together with the other 
respondents, ``Respondents''). Id.; Order No. 14 (Nov. 4, 2021), 
unreviewed by Comm'n Notice (Dec. 6, 2021), 86 FR 70532 (Dec. 10, 
2021). The Office of Unfair Import Investigations (``OUII'') 
participated in the investigation. 86 FR at 27106-07.
    Prior to the issuance of the final initial determination (``Final 
ID'') by the Chief Administrative Law Judge (``CALJ''), the 
investigation was terminated in part as to claims 6, 11, and 12 of the 
'156 patent, claim 22 of the '554 patent, and claim 17 of the '555 
patent. See Order No. 15 (Nov. 19, 2021), unreviewed by Comm'n Notice 
(Dec. 20, 2021). In addition, DISH withdrew its allegations that iFIT 
and Peloton infringe claims 9 and 12 of the '156 patent, claim 19 of 
the '554 patent, claims 12 and 13 of the '555 patent, and claim 6 of 
the '564 patent. The investigation was further terminated as to claims 
6-8, 10, and 13-15 of the '564 patent, claims 3 and 6-12 of the '156 
patent, claims 18, 19, 21-25, and 30 of the '554 patent, claims 12, 13, 
16, 17, 26, and 27 of the '555 patent, and all asserted claims of the 
'680 patent. Order No. 21 (Mar. 3, 2022), unreviewed by Comm'n Notice 
(Mar. 23, 2022).
    On September 9, 2022, the CALJ issued the Final ID, which found 
that Respondents violated section 337.
    On November 18, 2022, after considering the parties' petitions and 
the responses thereto, the Commission determined to review the Final ID 
in part. 87 FR 72510, 72510-12 (Nov. 25, 2022).
    On February 13, 2023, MIRROR and DISH filed a joint, unopposed 
motion to partially terminate the investigation as to MIRROR based on a 
settlement agreement between DISH and MIRROR.
    On March 8, 2023, the Commission issued its final determination, 
finding respondents Peloton and iFIT in violation of section 337 as to 
the asserted claims of the '156, '554, and '555 patents, but not as to 
the asserted claims of the '564 patent. 88 FR 15736-38 (Mar. 14, 2023). 
As a remedy for that violation, the Commission issued an LEO and CDOs 
directed to Peloton and iFIT. Id. The Commission's final determination 
also terminated MIRROR from the investigation. Id.
    On May 5, 2023, the Commission modified the remedial orders in 
certain respects. 88 FR 30158 (May 10, 2023).
    On May 3, 2023, DISH filed a petition requesting that the 
Commission rescind the LEO and the CDO issued against Peloton based on 
settlement. DISH also filed confidential and public supplements to the 
petition that included confidential and public versions of the 
settlement agreement between DISH and Peloton. The petition asserts 
that recission is warranted based on changed conditions of fact and law 
stemming from DISH and Peloton reaching a settlement agreement that

[[Page 37275]]

fully resolves the dispute between DISH and Peloton concerning the 
subject matter of the underlying investigation. The petition does not 
request rescission as to Respondents other than Peloton. The petition 
states that Respondents do not oppose the motion.
    DISH also filed a motion to terminate Peloton based on settlement; 
a motion to stay the proceedings and suspend the Commission's remedial 
orders as to Peloton; and a Notice acknowledging that the two motions 
will become moot upon grant of the Petition for Rescission. See 
Complainants' Motion to Terminate the Investigation as to Respondent 
Peloton Interactive, Inc. Based on a Settlement Agreement (May 3, 
2023); Complainants' Motion to Stay Proceedings and Suspend Remedial 
Orders as to Respondent Peloton Interactive, Inc., Based on a 
Settlement Agreement, and for Expedited Consideration of Same (May 2, 
2023); Complainants' Notice to the Comm'n (May 5, 2023).
    On May 8, 2023, OUII filed a response supporting DISH's petition. 
No other responses were received in response to the petition.
    In consideration of the petition and the response thereto, the 
Commission has determined to institute a rescission proceeding in this 
investigation. Consistent with an order issued concurrently herewith, 
the Commission has determined to rescind the modified remedial orders 
issued in this investigation to the extent they apply to Peloton. The 
settlement agreement fully resolves the dispute between DISH and 
Peloton concerning the subject matter of this investigation, the 
settlement agreement constitutes changed circumstances warranting 
rescission under section 337(k), (19 U.S.C. 1337(k)), and the petition 
complies with the procedural requirements of Commission Rule 210.76 (19 
CFR 210.76). The Commission has further determined to find the motion 
to terminate respondent Peloton and the motion to stay the proceedings 
moot. The Commission has further determined to terminate this 
rescission proceeding.
    The Commission vote for these determinations took place on June 1, 
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: June 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12101 Filed 6-6-23; 8:45 am]
BILLING CODE 7020-02-P

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