Certain Smart Wearable Devices, Systems, and Components Thereof; Notice of Institution of Investigation, 27452-27453 [2024-08198]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27452-27453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08198]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1398]


Certain Smart Wearable Devices, Systems, and Components Thereof; 
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 March 13, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ouraring, Inc. 
of San Francisco, California, and [Omacr]ura Health Oy of Finland. An 
amended confidential exhibit was filed on March 21, 2024, and an 
amended complaint was filed on March 22, 2024. The complaint, as 
amended, 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 smart wearable devices, 
systems, and components thereof by reason of the infringement of 
certain claims of U.S. Patent No. 11,868,178 (``the '178 patent''); 
U.S. Patent No. 11,868,179 (``the '179 patent''); and U.S. Patent No. 
10,842,429 (``the '429 patent''). The amended complaint further alleges 
that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a limited exclusion order and cease and desist orders.

ADDRESSES: The complaint (as amended), 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 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 (2024).
    Scope of Investigation: Having considered the complaint (as 
amended), the U.S. International Trade Commission, on April 12, 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, 2, 6-10, 12-14, 17, and 18 of the '178 patent; claims 1, 3-5, 
9, 10, and 13-16 of the '179 patent; and claims 1, 3-6, and 8-11 of the 
'429 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 ``smart ring wearable 
devices, systems, and components thereof'';
    (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:

Ouraring, Inc., 222 Kearny Street, San Francisco, CA 94108, [Omacr]ura 
Health Oy, Elektroniikkatie 10, 90590 Oulu, Finland

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
(as amended) is to be served:

Ultrahuman Healthcare Pvt. Ltd., No. 4088/799, Third Floor, V K 
Paradise Sector-2, Bengaluru, Karnataka 560102, India
Ultrahuman Healthcare SP LLC, 4th Floor, Etihad Airways Center, Al 
Raha, Al Muneera, Abu Dhabi, UAE
Ultrahuman Healthcare Ltd., 5 New Street Square, London, United Kingdom
Guangdong Jiu Zhi Technology, Co. Ltd., Room 411-18, Floor 4, Building 
C, Innovation Center Plant, No. 34, XiangShan Avenue, Cuiheng New 
District, Zhongshan City, Guangdong 528437 China
RingConn LLC, 1226 North King St., Wilmington, DE 19801
Circular SAS, 78 Avenues des Champs-Elys[eacute]es, Bureau 326, 75008 
Paris, France

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and

[[Page 27453]]

    (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 amended complaint and the notice of investigation 
must be submitted by the named respondents 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 amended complaint and the notice of 
investigation. Extensions of time for submitting responses to the 
amended complaint and the notice of investigation will not be granted 
unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: April 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08198 Filed 4-16-24; 8:45 am]
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