Certain Medical Programmers With Printed Circuit Boards, Components Thereof, and Products and Systems for Use With the Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation, 66442 [2024-18313]

Download as PDF 66442 Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Notices 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 Commission Determination Not To Review an Initial Determination Granting Complainants’ Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 11) of the presiding administrative law judge (‘‘ALJ’’) granting complainants’ motion to amend the complaint to correct a typographical error on the cover page and the notice of investigation (‘‘NOI’’) to change the plain language description of the accused products in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3179. 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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on April 3, 2024, based on a complaint filed by Medtronic, Inc., Medtronic Logistics, LLC, and Medtronic USA, Inc., all of Minneapolis, Minnesota, and Medtronic Puerto Rico Operations Co. of Juncos, Puerto Rico (collectively, ‘‘Medtronic’’). 89 FR 23043–44 (Apr. 3, 2024). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain medical programmers with khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:25 Aug 14, 2024 Jkt 262001 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 Nos. 8,712,540 and 9,174,059. Id. at 23043. The complaint further alleges that a domestic industry exists. Id. The NOI named one respondent: Axonics, Inc. (‘‘Axonics’’) of Irvine, California. Id. at 23044. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. On June 25, 2024, Medtronic filed a motion to amend the complaint and NOI to (i) correct a typographical error on the cover page of the complaint by substituting ‘‘UNITED’’ in place of ‘‘MUNITED,’’ and (ii) change the NOI’s plain language description of the accused products—which presently reads ‘‘sacral neuromodulation systems to control neurostimulators surgically implanted into a human patient, incorporating medical programmers and printed circuit boards used in same’’— by substituting ‘‘components thereof, and’’ in place of ‘‘incorporating.’’ On July 5, 2024, Axonics filed a response to the motion opposing the amendment to the NOI, but not opposing the amendment to the complaint. Also on July 5, 2024, OUII filed a response in support of the motion. On July 11, 2024, the ALJ issued the subject ID granting the motion. The ID finds that, in accordance with Commission Rule 210.14(b) (19 CFR 210.14(b)), good cause exists for amending the complaint and NOI as requested by Medtronic and neither the parties nor the public interest will be prejudiced. ID at 1, 3. No petitions for review of the subject ID were filed. The Commission has determined not to review the subject ID. The complaint is amended to substitute ‘‘UNITED’’ in place of ‘‘MUNITED,’’ and the NOI is amended so that the plain language description of the accused products reads ‘‘sacral neuromodulation systems to control neurostimulators surgically implanted into a human patient, components thereof, and medical programmers and printed circuit boards used in same.’’ The Commission vote for this determination took place on August 12, 2024. 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. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 Issued: August 12, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–18313 Filed 8–14–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division United States v. Legends Hospitality Parent Holdings, LLC; Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Final Judgment, Stipulation, and Competitive Impact Statement have been filed with the United States District Court for the Southern District of New York in United States of America v. Legends Hospitality Parent Holdings, LLC, Civil Action No. 1:24– cv–05927–JPC (S.D.N.Y.). On August 5, 2024, the United States filed a Complaint alleging that Legends violated section 7A of the Clayton Act, 15 U.S.C. 18a, also commonly known as the Hart–Scott–Rodino Antitrust Improvements Act of 1976 (‘‘section 7A’’ or ‘‘HSR Act’’) in connection with its proposed acquisition of ASM Global, Inc. The Complaint alleges Legends assumed unlawful control of ASM Global, Inc. prior to the expiration of the mandatory waiting period imposed by the HSR Act, and that Legends was continually in violation of the HSR Act each day beginning at least on December 7, 2023, until the waiting period ended on May 29, 2024. The proposed Final Judgment, filed at the same time as the Complaint, requires Legends Hospitality to pay a $3.5 million civil penalty for violation of the HSR Act and bars recurrence of the challenged conduct on penalty of contempt. It additionally requires Legends to appoint an antitrust compliance officer at its expense, to conduct compliance training, to certify compliance with the Final Judgment, to maintain a whistleblower protection policy, and to provide the United States inspection and interview rights to assess compliance with the Final Judgment. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection on the Antitrust Division’s website at https://www.justice.gov/atr and at the Office of the Clerk of the United States District Court for the Southern District of New York. Copies of these materials may be obtained from the Antitrust Division upon request and payment of E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Page 66442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18313]



[[Page 66442]]

=======================================================================
-----------------------------------------------------------------------

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 Commission Determination Not To Review an Initial 
Determination Granting Complainants' Motion To Amend the Complaint and 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 11) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion to amend the complaint to 
correct a typographical error on the cover page and the notice of 
investigation (``NOI'') to change the plain language description of the 
accused products in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 3, 2024, based on a complaint filed by Medtronic, Inc., 
Medtronic Logistics, LLC, and Medtronic USA, Inc., all of Minneapolis, 
Minnesota, and Medtronic Puerto Rico Operations Co. of Juncos, Puerto 
Rico (collectively, ``Medtronic''). 89 FR 23043-44 (Apr. 3, 2024). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on 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 Nos. 8,712,540 and 
9,174,059. Id. at 23043. The complaint further alleges that a domestic 
industry exists. Id. The NOI named one respondent: Axonics, Inc. 
(``Axonics'') of Irvine, California. Id. at 23044. The Office of Unfair 
Import Investigations (``OUII'') is also named as a party. Id.
    On June 25, 2024, Medtronic filed a motion to amend the complaint 
and NOI to (i) correct a typographical error on the cover page of the 
complaint by substituting ``UNITED'' in place of ``MUNITED,'' and (ii) 
change the NOI's plain language description of the accused products--
which presently reads ``sacral neuromodulation systems to control 
neurostimulators surgically implanted into a human patient, 
incorporating medical programmers and printed circuit boards used in 
same''--by substituting ``components thereof, and'' in place of 
``incorporating.'' On July 5, 2024, Axonics filed a response to the 
motion opposing the amendment to the NOI, but not opposing the 
amendment to the complaint. Also on July 5, 2024, OUII filed a response 
in support of the motion.
    On July 11, 2024, the ALJ issued the subject ID granting the 
motion. The ID finds that, in accordance with Commission Rule 210.14(b) 
(19 CFR 210.14(b)), good cause exists for amending the complaint and 
NOI as requested by Medtronic and neither the parties nor the public 
interest will be prejudiced. ID at 1, 3. No petitions for review of the 
subject ID were filed.
    The Commission has determined not to review the subject ID. The 
complaint is amended to substitute ``UNITED'' in place of ``MUNITED,'' 
and the NOI is amended so that the plain language description of the 
accused products reads ``sacral neuromodulation systems to control 
neurostimulators surgically implanted into a human patient, components 
thereof, and medical programmers and printed circuit boards used in 
same.''
    The Commission vote for this determination took place on August 12, 
2024.
    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: August 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18313 Filed 8-14-24; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.