[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48441-48442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18664]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation N. 337-TA-1100 (Rescission)]


Certain Microfluidic Systems and Components Thereof and Products 
Containing Same; Notice of the Commission's Determination To Institute 
a Rescission Proceeding; To Rescind Permanently a Limited Exclusion 
Order and a Cease and Desist Order; Termination of Rescission 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a rescission proceeding, rescind 
the remedial orders issued in the underlying investigation, and to 
terminate the rescission proceeding.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the

[[Page 48442]]

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 may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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 February 21, 2018, the Commission 
instituted this investigation based on a complaint filed by 10X 
Genomics, Inc. of Pleasanton, CA (``10X''). 83 FR 7491 (Feb. 21, 2018). 
The complaint alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain microfluidic systems and components 
thereof and products containing same by reason of infringement of one 
or more claims of U.S. Patent Nos. 9,644,204 (``the '204 patent''); 
9,689,024 (``the '024 patent''); 9,695,468 (``the '468 patent''); and 
9,856,530 (``the '530 patent''). Id. The Commission's notice of 
investigation named as the sole respondent Bio-Rad Laboratories, Inc. 
of Hercules, CA (``Bio-Rad''). Id. The Office of Unfair Import 
Investigations (``OUII'') is participating in this investigation. Id.
    On July 12, 2019, the presiding administrative law judge issued the 
final initial determination (``ID''). The ID found a violation of 
section 337 by virtue of Bio-Rad's indirect infringement of the '024, 
the '468, and the '530 patents. The ID found that 10X had not 
established a violation with respect to the '204 patent. On October 17, 
2019, the Commission determined to review various findings in the ID. 
Following its review, on February 12, 2020, the Commission found a 
violation of section 337 with respect the '024 patent; the '468 patent; 
and the '530 patent. 85 FR 9479 (Feb. 19, 2020). The Commission also 
found no violation of section 337 with respect to the '204 patent.
    Having found a violation of section 337, and upon consideration of 
the statutory public interest factors, the Commission determined to 
issue a limited exclusion order prohibiting further importation of Bio-
Rad's infringing microfluidic systems and a cease and desist order 
against Bio-Rad. Id. On April 29, 2021, in an appeal initiated by Bio-
Rad, the U.S. Court of Appeals for the Federal Circuit affirmed the 
Commission's final determination. Bio-Rad Laboratories, Inc. v. Int'l 
Trade Comm'n, 996 F.3d 1302 (Fed. Cir. 2021).
    On July 26, 2021, 10X and Bio-Rad entered into a settlement 
agreement that resolved the disputes concerning the subject matter of 
this investigation. Thereafter, on July 28, 2021, 10X and Bio-Rad 
jointly petitioned for rescission of the Commission's remedial orders 
under 19 U.S.C. l337(k) and Commission Rule 210.76(a) (19 CFR 
210.76(a)). On August 9, 2021, OUII filed a response in support of 10X 
and Bio-Rad's rescission petition.
    The Commission has determined that the petition complies with 
Commission rules, see 19 CFR 210.76(a)(3), and that there are no 
extraordinary reasons to deny rescission of the remedial orders. 
Accordingly, the Commission has determined to institute a rescission 
proceeding and to permanently rescind the LEO and the CDO. The 
rescission proceeding is hereby terminated.
    The Commission's vote on this determination took place on August 
25, 2021.
    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: August 25, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18664 Filed 8-27-21; 8:45 am]
BILLING CODE 7020-02-P