[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6970-6971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02337]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1147]


Certain Blood Separation and Cell Preparation Devices; Notice of 
Commission Determination Not To Review an Initial Determination 
Terminating the Investigation Based on the Withdrawal of the Complaint; 
Termination 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 (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 17) that grants the complainant's 
motion to terminate this investigation based on the withdrawal of the 
complaint. This investigation is terminated.

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 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, telephone 202-205-1810.

[[Page 6971]]


SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 12, 2019, based on a complaint filed by RegenLab USA LLC of 
New York, New York (``RegenLab''). 84 FR 8891 (Mar. 12, 2019). The 
complaint, as amended, alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain blood 
separation and cell preparation devices by reason of infringement of 
certain claims of U.S. Patent No. 10,064,894. Id. The amended complaint 
further alleges that an industry in the United States exists as 
required by section 337. Id. The notice of investigation named as 
respondents Estar Technologies, Ltd. of Holon, Israel, and Eclipse 
MedCorp, LLC of The Colony, Texas (collectively, ``Respondents''). Id. 
The Office of Unfair Import Investigations (``OUII'') was named as a 
party to the investigation. Id.
    On November 13, 2019, RegenLab filed a motion to terminate the 
investigation in its entirety based on the withdrawal of the complaint. 
On November 15, 2019, Respondents filed a response stating that they 
did not oppose the motion to terminate, on the condition that an order 
to show cause issue regarding whether RegenLab and its previous counsel 
should not be sanctioned. On November 22, 2019, Respondents filed a 
motion seeking that show cause order. On November 25, 2019, OUII filed 
a response supporting the motion to terminate the investigation.
    On December 20, 2019, the presiding administrative law judge 
(``ALJ'') issued Order No. 16, which denied Respondents' motion for the 
show cause order.
    Also on December 20, 2019, the ALJ issued Order No. 17, the subject 
ID, granting pursuant to 19 CFR 210.21(a) RegenLab's motion to 
terminate the investigation. The ID finds that RegenLab's motion 
complies with the Commission's Rules. No petitions for review were 
filed.
    The Commission has determined not to review the subject ID. 
However, the Commission notes that RegenLab filed its motion to 
terminate six days before the hearing was scheduled to begin, after 
extensive proceedings, including discovery, had occurred before the 
ALJ. As a general matter, the Commission notes that withdrawal of a 
complaint at such a late stage of the investigation raises questions 
about what effect, if any, termination would have on a future complaint 
that might be filed based on the same or similar alleged violations of 
section 337 by the same respondents, and how the record from the 
terminated investigation may be used in such a future investigation. 
This investigation is terminated.
    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: January 31, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-02337 Filed 2-5-20; 8:45 am]
 BILLING CODE 7020-02-P