[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55687-55688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19816]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1219]


Certain Non-Invasive Aesthetic Body-Contouring Devices, 
Components Thereof, and Methods of Using Same; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 5, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of BTL Industries, 
Inc. of Marlborough, Massachusetts. The complaint alleges violations of 
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 non-invasive aesthetic body-contouring devices, 
components thereof, and methods of using same by reason of infringement 
of certain claims of U.S. Patent No. 10,632,321 (``the '321 patent''); 
U.S. Patent No. 10,695,575 (``the '575 patent''); U.S. Patent No. 
10,695,576 (``the '576 patent''); U.S. Patent No. 10,709,894 (``the 
'894 patent''); U.S. Patent No. 10,709,895 (``the '895 patent''); and 
U.S. Patent No. 10,478,634 (``the '634 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a limited exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 2, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 2, 4, 6-8, 10, 12-16, 20, 22, 23, and 26-28 of the '321 
patent; claims 1, 9-11, 13, 15, 16, and 20-22 of the '575 patent; 
claims 1, 8, 10, 11, 13, 16, 18, 23-25, 27, and 28 of the '576 patent; 
claims 1, 2, 4, 5, 9, 10, 12, 13, 17-21, 23, 24, and 26-29 of the '894 
patent; claims 1, 2-6, 9, 10, and 14-25 of the '895 patent; and claims 
1, 6, 7, 16, 21, and 22 of the '634 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is: Non-invasive magnetic 
and cryolipolysis aesthetic body-contouring products and their 
components, including main units, applicators, straps, massagers, gel 
traps, and virtual consumables such as treatment cards that enable the 
products to administer the pre-programmed treatment protocols;
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: BTL Industries, Inc., 362 Elm Street, 
Marlborough, MA 01752.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Allergan Limited, Clonshaugh Business and Technology Park, Coolock, 
Dublin D17 E400, Ireland
Allergan USA, Inc., 5 Giralda Farms, Madison, New Jersey 07940
Allergan, Inc., 5 Giralda Farms, Madison, New Jersey 07940
Zeltiq Aesthetics, Inc., 4410 Rosewood Dr., Pleasanton, California 
94588-3050
Zeltiq Ireland Unlimited Company, Galway West Business Park, Western 
Distributor Road, Knocknacarra, Galway H91E8C3, Ireland
Zimmer MedizinSysteme GmbH, Junkersstra[beta]e 9, 89231, Neu-Ulm, 
Germany

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the

[[Page 55688]]

Commission, without further notice to the respondent, to find the facts 
to be as alleged in the complaint and this notice and to enter an 
initial determination and a final determination containing such 
findings, and may result in the issuance of an exclusion order or a 
cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19816 Filed 9-8-20; 8:45 am]
BILLING CODE 7020-02-P