Certain Medical Programmers With Printed Circuit Boards, Components Thereof, and Products and Systems for Use With the Same; Notice of Institution of Investigation, 23043-23044 [2024-07068]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23043-23044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07068]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1396]


Certain Medical Programmers With Printed Circuit Boards, 
Components Thereof, and Products and Systems for Use With the Same; 
Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 28, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Medtronic, 
Inc., Medtronic Logistics, LLC, and Medtronic USA, Inc., of 
Minneapolis, Minnesota, and Medtronic Puerto Rico Operations Co. of 
Juncos, Puerto Rico. A supplement was filed on March 1, 2024. The 
complaint, as supplemented, alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
medical programmers with printed circuit boards, components thereof, 
and products and systems for use with the same by reason of the 
infringement of certain claims of U.S. Patent No. 8,712,540 (``the '540 
patent'') and U.S. Patent No. 9,174,059 (``the '059 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute. The complainants request 
that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and a cease and desist 
order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained 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

[[Page 23044]]

the Commission may also be obtained by accessing its internet server at 
https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 29, 2024, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-5, 7, 11, 12, 14, 15, 17, 18, 20, 39, and 40 of the '540 
patent and claims 1-5, 7, 11, 12, 14, 15, 17, 18, and 20 of the '059 
patent, and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``sacral 
neuromodulation systems to control neurostimulators surgically 
implanted into a human patient, incorporating medical programmers and 
printed circuit boards used in same'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Medtronic, Inc., 710 Medtronic Parkway, Minneapolis, MN 55432
Medtronic Logistics, LLC, 710 Medtronic Parkway, Minneapolis, MN 55432
Medtronic USA, Inc., 710 Medtronic Parkway, Minneapolis, MN 55432
Medtronic Puerto Rico Operations Co., Ceiba Norte Industrial Park, 50 
Road 31, Km. 24.4, Juncos, Puerto Rico 00777

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Axonics, Inc., 26 Technology Drive, Irvine, CA 92618

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 29, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-07068 Filed 4-2-24; 8:45 am]
BILLING CODE 7020-02-P