Certain Wearable Electronic Devices With ECG Functionality and Components Thereof; Notice of Commission Decision To Dismiss the Complaint as Moot, Institute a Rescission Proceeding, and Rescind the Remedial Orders; Termination of the Rescission Proceeding, 19729-19730 [2025-08196]

Download as PDF Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices Meridian, Colorado, were accepted on March 24, 2025. The supplemental plat of the NW1/4 of section 2 in Township 1 South, Range 1 East, Ute Principal Meridian, Colorado, was accepted on March 25, 2025. A person or party who wishes to protest any of the above surveys must file a written notice of protest within 30calendar days from the date of this publication at the address listed in the ADDRESSES section of this notice. A statement of reasons for the protest may be filed with the notice of protest and must be filed within 30-calendar days after the protest is filed. If a protest against the survey is received prior to the date of official filing, the filing will be stayed pending consideration of the protest. A plat will not be officially filed until the day after all protests have been dismissed or otherwise resolved. Before including your address, phone number, email address, or other personal identifying information in your protest, please be aware that your entire protest, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. (Authority: 43 U.S.C. ch. 3) David W. Ginther, Chief Cadastral Surveyor. [FR Doc. 2025–08099 Filed 5–8–25; 8:45 am] BILLING CODE 4331–16–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1266 (Rescission)] Certain Wearable Electronic Devices With ECG Functionality and Components Thereof; Notice of Commission Decision To Dismiss the Complaint as Moot, Institute a Rescission Proceeding, and Rescind the Remedial Orders; Termination of the Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘the Commission’’) has determined to dismiss the complaint in the above-captioned investigation as moot. The Commission has also determined to institute a rescission proceeding and to rescind the limited lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 exclusion order and cease and desist order issued in the investigation. The rescission proceeding is terminated. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3042. 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: The Commission instituted this investigation on May 26, 2021, based on a complaint filed by AliveCor, Inc. of Mountain View, California (‘‘AliveCor’’). 86 FR 28382 (May 26, 2021). The complaint alleges a violation of section 337 the Tariff Act, as amended, 19 U.S.C. 1337 (‘‘section 337’’), by way of the importation, sale for importation, or sale in the United States after importation of certain wearable electronic devices with ECG functionality and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 10,595,731 (‘‘the ’731 patent’’); 10,638,941 (‘‘the ’941 patent’’); and 9,572,499 (‘‘the ’499 patent’’) (collectively, ‘‘the Asserted Patents’’). Id. The notice of investigation named Apple, Inc. (‘‘Apple’’) of Cupertino, California as a respondent. Id. The Office of Unfair Import Investigation was also participating in the investigation. Id. On December 22, 2022, the Commission issued a final determination finding a violation of section 337 based on the infringement of certain claims of the ’941 patent and the ’731 patent, but no violation based on the ’499 patent. Accordingly, the Commission issued a limited exclusion order prohibiting further importation of infringing products and a cease and desist order against Apple (collectively, ‘‘the remedial orders’’). The Commission, however, suspended enforcement of the orders pending final resolution of the Patent Trial and Appeal Board’s (‘‘PTAB’’) Final Written Decisions finding the asserted patent claims unpatentable. See 35 U.S.C. 318(b); Apple, Inc. v. AliveCor, Inc., IPR2021–00971, Patent 10,595,731, PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 19729 Final Written Decision Determining All Challenged Claims Unpatentable (Dec. 6, 2022); Apple, Inc. v. AliveCor, Inc., IPR2021–00972, Patent 10,638,941, Final Written Decision Determining All Challenged Claims Unpatentable (Dec. 6, 2022). AliveCor filed an appeal from the Commission’s final determination with the U.S. Court of Appeals for the Federal Circuit (‘‘the Federal Circuit’’), and Apple cross-appealed. The appeal and cross-appeal were docketed on February 15, 2023, and March 3, 2023, respectively, and consolidated under AliveCor, Inc. v. ITC, No. 23–1509 (Fed. Cir.) as the lead appeal. On March 7, 2025, the Federal Circuit affirmed decisions in companion appeals from the PTAB finding all claims of the Asserted Patents unpatentable. See AliveCor, Inc. v. Apple Inc., 130 F.4th 1006 (Fed. Cir. 2025). In view of that ruling, the Federal Circuit found that ‘‘the Commission’s investigation [was] moot.’’ AliveCor, Inc. v. ITC, No. 23–1509, 2025 WL 733105 (Fed. Cir. Mar. 7, 2025). Accordingly, the Federal Circuit vacated the Commission’s final determination and remanded with instructions to dismiss the case as moot. See id. The Federal Circuit’s mandate issued on April 28, 2025. As instructed by the Federal Circuit, the Commission has determined to dismiss the complaint as moot. Accordingly, as stated in the Commission Order issued concurrently herewith, the Commission finds that the conditions which led to the issuance of the remedial orders no longer exist, and therefore, a rescission of the remedial orders is warranted under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76(a) (19 CFR 210.76(a)). The Commission has thus determined to institute a rescission proceeding and to rescind the remedial orders issued in the underlying investigation. The rescission proceeding is terminated. The Commission’s notice and order were delivered to the Secretary of the Treasury on the day of their issuance. The Commission’s vote for this determination took place on May 6, 2025. 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. E:\FR\FM\09MYN1.SGM 09MYN1 19730 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices Issued: May 6, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–08196 Filed 5–8–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–758 and 731– TA–1739 (Preliminary)] Fiberglass Door Panels From China lotter on DSK11XQN23PROD with NOTICES1 Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of fiberglass door panels from China, provided for in subheading 3925.20.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and imports of the subject merchandise from China that are alleged to be subsidized by the government of China.2 Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in § 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under §§ 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under §§ 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Any other party may file an entry of appearance for the final phase of the investigations after publication of the final phase notice of scheduling. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 90 FR 15684 and 15692 (April 15, 2025). VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. As provided in section 207.20 of the Commission’s rules, the Director of the Office of Investigations will circulate draft questionnaires for the final phase of the investigations to parties to the investigations, placing copies on the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov), for comment. Background On March 20, 2025, the American Fiberglass Door Coalition, the members of which are Therma-Tru Corporation, Maumee, Ohio, Plastpro Doors Inc., Los Angeles, California, and Owens Corning, Toledo, Ohio, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of fiberglass door panels from China and LTFV imports of fiberglass door panels from China. Accordingly, effective March 20, 2025, the Commission instituted countervailing duty investigation No. 701–TA–758 and antidumping duty investigation No. 731–TA–1739 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 26, 2025 (90 FR 13778). The Commission conducted its conference on April 10, 2025. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on May 5, 2025. The views of the Commission are contained in USITC Publication 5623 (May 2025), entitled Fiberglass Door Panels from China: Investigation Nos. 701–TA–758 and 731–TA–1739 (Preliminary). Frm 00063 Fmt 4703 Sfmt 4703 Judicial Conference of the United States. ACTION: Advisory Committee on Appellate Rules; notice of open meeting. AGENCY: The Advisory Committee on Appellate Rules will hold an in-person meeting in hybrid format with remote attendance options on October 15, 2025 in Washington, DC. The meeting is open to the public for observation but not participation. Please see the SUPPLEMENTARY INFORMATION section in this notice for instructions on observing the meeting. DATES: October 15, 2025 (meeting date) and October 8, 2025 (registration deadline for in-person observation). ADDRESSES: An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https:// www.uscourts.gov/forms-rules/recordsrules-committees/agenda-books. FOR FURTHER INFORMATION CONTACT: Carolyn A. Dubay, Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. SUPPLEMENTARY INFORMATION: To observe the meeting in person, individuals must contact the office listed above by 5 p.m. (eastern time) on October 8, 2025. After this deadline, only remote observation is permitted. Remote registration is available until the meeting date, provided it is completed before the projected end time. SUMMARY: (Authority: 28 U.S.C. 2073.) Dated: May 6, 2025. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2025–08215 Filed 5–8–25; 8:45 am] BILLING CODE 2210–55–P JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Civil Rules; Meeting of the Judicial Conference Judicial Conference of the United States. ACTION: Advisory Committee on Civil Rules; notice of open meeting. [FR Doc. 2025–08103 Filed 5–8–25; 8:45 am] PO 00000 Advisory Committee on Appellate Rules; Meeting of the Judicial Conference AGENCY: By order of the Commission. Issued: May 5, 2025. Lisa Barton, Secretary to the Commission. BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES The Advisory Committee on Civil Rules will hold an in-person SUMMARY: E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19729-19730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08196]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1266 (Rescission)]


Certain Wearable Electronic Devices With ECG Functionality and 
Components Thereof; Notice of Commission Decision To Dismiss the 
Complaint as Moot, Institute a Rescission Proceeding, and Rescind the 
Remedial Orders; Termination of the Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined to dismiss the complaint 
in the above-captioned investigation as moot. The Commission has also 
determined to institute a rescission proceeding and to rescind the 
limited exclusion order and cease and desist order issued in the 
investigation. The rescission proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. 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: The Commission instituted this investigation 
on May 26, 2021, based on a complaint filed by AliveCor, Inc. of 
Mountain View, California (``AliveCor''). 86 FR 28382 (May 26, 2021). 
The complaint alleges a violation of section 337 the Tariff Act, as 
amended, 19 U.S.C. 1337 (``section 337''), by way of the importation, 
sale for importation, or sale in the United States after importation of 
certain wearable electronic devices with ECG functionality and 
components thereof by reason of infringement of one or more claims of 
U.S. Patent Nos. 10,595,731 (``the '731 patent''); 10,638,941 (``the 
'941 patent''); and 9,572,499 (``the '499 patent'') (collectively, 
``the Asserted Patents''). Id. The notice of investigation named Apple, 
Inc. (``Apple'') of Cupertino, California as a respondent. Id. The 
Office of Unfair Import Investigation was also participating in the 
investigation. Id.
    On December 22, 2022, the Commission issued a final determination 
finding a violation of section 337 based on the infringement of certain 
claims of the '941 patent and the '731 patent, but no violation based 
on the '499 patent. Accordingly, the Commission issued a limited 
exclusion order prohibiting further importation of infringing products 
and a cease and desist order against Apple (collectively, ``the 
remedial orders''). The Commission, however, suspended enforcement of 
the orders pending final resolution of the Patent Trial and Appeal 
Board's (``PTAB'') Final Written Decisions finding the asserted patent 
claims unpatentable. See 35 U.S.C. 318(b); Apple, Inc. v. AliveCor, 
Inc., IPR2021-00971, Patent 10,595,731, Final Written Decision 
Determining All Challenged Claims Unpatentable (Dec. 6, 2022); Apple, 
Inc. v. AliveCor, Inc., IPR2021-00972, Patent 10,638,941, Final Written 
Decision Determining All Challenged Claims Unpatentable (Dec. 6, 2022).
    AliveCor filed an appeal from the Commission's final determination 
with the U.S. Court of Appeals for the Federal Circuit (``the Federal 
Circuit''), and Apple cross-appealed. The appeal and cross-appeal were 
docketed on February 15, 2023, and March 3, 2023, respectively, and 
consolidated under AliveCor, Inc. v. ITC, No. 23-1509 (Fed. Cir.) as 
the lead appeal.
    On March 7, 2025, the Federal Circuit affirmed decisions in 
companion appeals from the PTAB finding all claims of the Asserted 
Patents unpatentable. See AliveCor, Inc. v. Apple Inc., 130 F.4th 1006 
(Fed. Cir. 2025). In view of that ruling, the Federal Circuit found 
that ``the Commission's investigation [was] moot.'' AliveCor, Inc. v. 
ITC, No. 23-1509, 2025 WL 733105 (Fed. Cir. Mar. 7, 2025). Accordingly, 
the Federal Circuit vacated the Commission's final determination and 
remanded with instructions to dismiss the case as moot. See id. The 
Federal Circuit's mandate issued on April 28, 2025.
    As instructed by the Federal Circuit, the Commission has determined 
to dismiss the complaint as moot. Accordingly, as stated in the 
Commission Order issued concurrently herewith, the Commission finds 
that the conditions which led to the issuance of the remedial orders no 
longer exist, and therefore, a rescission of the remedial orders is 
warranted under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule 
210.76(a) (19 CFR 210.76(a)). The Commission has thus determined to 
institute a rescission proceeding and to rescind the remedial orders 
issued in the underlying investigation. The rescission proceeding is 
terminated.
    The Commission's notice and order were delivered to the Secretary 
of the Treasury on the day of their issuance.
    The Commission's vote for this determination took place on May 6, 
2025.
    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.


[[Page 19730]]


    Issued: May 6, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-08196 Filed 5-8-25; 8:45 am]
BILLING CODE 7020-02-P
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