[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27106-27107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10493]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1265


Certain Fitness Devices, Streaming Components Thereof, and 
Systems Containing 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 April 13, 2021, on behalf of 
Dish DBS Corporation of Englewood, Colorado; Dish Technologies L.L.C. 
of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado. 
Supplements to the complaint were filed on April 29, 2021, and May 3, 
2021. 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 fitness 
devices, streaming components thereof, and systems containing same by 
reason of infringement of certain claims of U.S. Patent No. 9,407,564 
(``the '564 patent''); U.S. Patent No. 10,469,554 (``the '554 
patent''); U.S. Patent No. 10,469,555 (``the '555 patent''); U.S. 
Patent No. 10,757,156 (``the '156 patent''); and U.S. Patent No. 
10,951,680 (``the '680 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 May 13, 2021, 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, 3-8, 10, and 13-15 of the '564 patent; claims 16-25 and 30 of 
the '554 patent; claims 10-17 and 26-27 of the '555 patent; claims 1-12 
of the '156 patent; and claims 14-16, 18-21, and 28-29 of the '680 
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 ``fitness devices 
containing internet-streaming enabled video displays that are capable 
of using adaptive bit-rate streaming to stream content, internet-
streaming enabled video displays that are capable of using adaptive 
bit-rate streaming to stream content and that are designed to be 
incorporated with fitness devices, and components thereof'';
    (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 complainants are:

DISH DBS Corporation, 9601 South Meridian Boulevard, Englewood, 
Colorado 80112
DISH Technologies L.L.C., 9601 South Meridian Boulevard, Englewood, 
Colorado 80112
Sling TV L.L.C., 9601 South Meridian Boulevard, Englewood, Colorado 
80112

    (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:

ICON Health & Fitness, Inc., 1500 S 1000 W, Logan, UT 84321
FreeMotion Fitness, Inc., 1500 S 1000 W, Logan, UT 84321
NordicTrack, Inc., 1500 S 1000 W, Logan, UT 84321
lululemon athletica inc., 1818 Cornwall Ave., Vancouver, British, 
Columbia, Canada V6J IC7
Curiouser Products Inc. d/b/a MIRROR, 1261 Broadway, #208, New York, NY 
10001
Peloton Interactive, Inc., 125 West 25th Street, 11th Floor, New York, 
New York 10001

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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 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

[[Page 27107]]

and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: May 13, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10493 Filed 5-18-21; 8:45 am]
BILLING CODE 7020-02-P