International Trade Commission March 14, 2023 – Federal Register Recent Federal Regulation Documents
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Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in the above-captioned investigation. The Commission has determined to issue: (1) a limited exclusion order (``LEO'') prohibiting the unlicensed entry of fitness devices, streaming components thereof, and systems containing same infringing certain claims of U.S. Patent Nos. 10,469,554 (``the '554 patent''); 10,469,555 (``the '555 patent''); and 10,757,156 (``the '156 patent'') that are manufactured by or on behalf of, or imported by or on behalf of, respondents ICON Health & Fitness, Inc. of Logan, Utah (``ICON'' or ``iFIT Inc.''); FreeMotion Fitness, Inc. of Logan, Utah (``FreeMotion''); NordicTrack Inc. of Logan, Utah (``NordicTrack,'' and together with ICON and FreeMotion, ``iFit''); and Peloton Interactive, Inc. of New York, New York (``Peloton''), or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and (2) cease and desist orders (``CDOs'') directed against iFit and Peloton, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission has also determined to grant a joint motion filed by 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'') and respondents lululemon athletica inc., of Vancouver, Canada (``lululemon''); and Curiouser Products Inc. d/b/a MIRROR of New York, New York (together with lululemon, ``MIRROR'') that sought to terminate the investigation as to MIRROR on the basis of a settlement agreement. This investigation is terminated.
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