[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31912-31913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14257]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1068]


Certain Microfluidic Devices; Notice of Modification of Deadline 
for Reply Supplemental Submissions on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to modify the deadline 
for reply supplemental submissions on the public interest.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its

[[Page 31913]]

internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's Electronic Docket 
Information System (``EDIS'') (https://edis.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: On September 6, 2017, the Commission 
instituted this investigation based on a complaint filed by Bio-Rad 
Laboratories, Inc. of Hercules, California (``Bio-Rad'') and Lawrence 
Livermore National Security, LLC of Livermore, California 
(collectively, ``Complainants''). 82 FR 42115 (Sept. 6, 2017). 
Complainants alleged a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), by 10X Genomics, 
Inc. of Pleasanton, California (``10X'') based on its importation into 
the United States of certain microfluidic devices asserted to infringe 
one or more claims of U.S. Patent Nos. 9,500,664; 9,636,682; 9,649,635; 
and 9,126,160. Id. The Office of Unfair Import Investigations was also 
named as a party in this investigation. Id. The Commission also 
directed the ALJ to take evidence and hear arguments regarding the 
public interest and provide the Commission with findings of fact and a 
recommended determination on the statutory public interest factors, as 
requested by 10X. Id.
    On September 20, 2018, the presiding administrative law judge 
(``ALJ'') issued a final initial determination finding that 10X 
violated section 337 through its importation of its GEM-Q and GEM-U 
Chips (collectively, the ``GEM Chips''). However, the ALJ found no 
violation by 10X based on its importation of its Chip SE or Chip GB.
    On September 28, 2018, the ALJ issued a recommended determination 
on remedy, bonding, and the public interest (the ``RD''). The ALJ 
recommended that, if the Commission finds a violation of section 337, 
it should issue a limited exclusion order (``LEO'') against infringing 
microfluidic devices, which are imported, sold for importation, and/or 
sold after importation by 10X. The LEO would prevent the importation by 
10X of microfluidic devices that infringe Complainants' asserted 
patents. The ALJ further recommended that, if the Commission finds a 
violation of section 337, it should issue a cease and desist order 
(``CDO'') against 10X. The CDO would prevent the transfer by 10X to 
others of microfluidic devices that infringe Complainants' asserted 
patents. The ALJ found that ``the public interest factors weigh in 
favor of imposition of the recommended remedial orders.'' RD at 30.
    On December 4, 2018, the Commission determined to review the ALJ's 
findings as to the GEM Chips, the Chip SE, and the Chip GB. 83 FR 63672 
(Dec. 11, 2018). The Commission also requested briefing from the 
parties, interested government agencies, and other interested persons 
on remedy, the public interest, and bonding. Id.
    On June 10, 2019, the Commission issued another notice, which 
requested supplemental information from the parties, interested 
government agencies, and other interested persons on the public 
interest. 84 FR 27802 (June 14, 2019). The Commission's notice 
requested that the parties file their opening submissions by June 24, 
2019, and their reply submissions by July 1, 2019. The Commission's 
notice also requested that interested government agencies and other 
interested persons file their comments by July 1, 2019.
    To ensure the opportunity to respond to comments from interested 
government agencies and other interested persons, the Commission has 
determined to modify the briefing schedule to provide for reply 
submissions by July 15, 2019.
    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: June 28, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14257 Filed 7-2-19; 8:45 am]
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