[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46275-46276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17743]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1276]


Certain Light-Based Physiological Measurement Devices and 
Components Thereof 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 June 30, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Masimo Corporation 
of Irvine, California and Cercacor Laboratories, Inc. of Irvine, 
California. An amended complaint was filed on July 12, 2021. A 
supplement was filed on July 19, 2021. The complaint, as amended, 
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 light-based physiological 
measurement devices and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 10,912,501 (``the '501 patent''); 
U.S. Patent No. 10,912,502 (``the '502 patent''); U.S. Patent 
10,945,648 (``the '648 patent''); U.S. Patent No. 10,687,745 (``the 
'745 patent''); and U.S. Patent No. 7,761,127 (``the '127 patent''). 
The amended complaint further alleges that an industry in the United 
States exists and/or is in the process of being established as required 
by the applicable Federal Statute. The

[[Page 46276]]

complainants request that the Commission institute an investigation 
and, after the investigation, issue a limited exclusion order and a 
cease and desist order.

ADDRESSES: The complaint, as amended, 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 August 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 1-9 and 11-30 of the '501 patent; claims 1-2, 4-6, 8-12, 14-22, 
24-26, and 28-30 of the '502 patent; claims 1-17 and 19-30 of the '648 
patent; claims 1-6, 8-9, 11, 14, 20-24, and 26-27 of the '745 patent; 
and claims 7-9 of the '127 patent; and whether an industry in the 
United States exists and/or is in the process of being established 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 ``wearable electronic 
devices with light-based pulse oximetry functionality 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:

Masimo Corporation, 52 Discovery, Irvine, CA 92618
Cercacor Laboratories, Inc., 15750 Alton Pkwy., Irvine, CA 92618

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Apple Inc., One Apple Park Way, Cupertino, CA 95014.
    (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 respondent 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 
complainants 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 the 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 and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: August 13, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-17743 Filed 8-17-21; 8:45 am]
BILLING CODE 7020-02-P