[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Page 65174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25682]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1100]


Certain Reload Cartridges for Laparoscopic Surgical Staplers; 
Notice of a Commission Determination Not To Review an Initial 
Determination Granting Complainants' Unopposed Motion To Amend the 
Complaint, Case Caption, and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 14) of the presiding administrative law judge 
(``ALJ'') granting an unopposed motion to amend the complaint, case 
caption, and notice of investigation in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.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: On July 5, 2019, by publication in the 
Federal Register, the Commission instituted this investigation based on 
a complaint filed by Ethicon LLC of Guaynabo, PR; Ethicon Endo-Surgery, 
Inc. of Cincinnati, Ohio; and Ethicon US, LLC of Cincinnati, Ohio 
(collectively ``Ethicon''). 84 FR 32220 (July 5, 2019). The complaint 
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 reload cartridges for laparoscopic 
surgical staplers by reason of infringement of one or more claims of 
U.S. Patent Nos. 9,844,379; 9,844,369; 7,490,749; 8,479,969; and 
9,113,874. Id. The Commission's notice of investigation names the 
following as respondents: Intuitive Surgical Inc., of Sunnyvale, CA; 
Intuitive Surgical Operations, Inc., of Sunnyvale, CA; Intuitive 
Surgical Holdings, LLC, of Sunnyvale, CA; and Intuitive Surgical S. De 
R.L. De C.V. of Mexicali, Mexico. Id. The Office of Unfair Import 
Investigations is not participating in this investigation. Id.
    On September 24, 2019, Ethicon moved for leave to amend the 
complaint, case caption, and notice of investigation. The complaint 
originally identified the accused products as ``laparoscopic surgical 
staplers, associated reload cartridges, and components thereof'' and 
was titled ``Certain Laparoscopic Surgical Staplers, Reload Cartridges, 
and Components Thereof,'' but was modified by Ethicon prior to 
institution to remove staplers and stapler components from the 
description of accused products and the case caption. Ethicon's motion 
sought to reincorporate staplers and stapler components into the 
description of the accused products and the case caption.
    On October 23, 2019, the ALJ issued Order No. 14, the subject ID, 
granting Ethicon's motion. The ALJ found that Ethicon's motion was 
supported by good cause and that the proposed amendments would not 
unnecessarily prejudice the public interest or the rights of the 
parties to the investigation.
    No petitions for review were filed.
    The Commission has determined not to review the subject ID. From 
this point forward, the caption for this investigation shall be 
``Certain Laparoscopic Surgical Staplers, Reload Cartridges, and 
Components Thereof.''
    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 
210).

    By order of the Commission.

    Issued: November 21, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-25682 Filed 11-25-19; 8:45 am]
 BILLING CODE 7020-02-P