[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56984-56985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22176]


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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 the Same; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting an Unopposed Motion To Terminate the Investigation in Its 
Entirety Based Upon Settlement; 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. 31) of the presiding administrative 
law judge (``ALJ'') granting an unopposed motion to terminate the 
investigation in its entirety based upon settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On September 9, 2020, the Commission 
instituted this investigation based on a complaint filed by BTL 
Industries, Inc. (``BTL'') of Marlborough, Massachusetts. 85 FR 55687-
88 (Sept. 9, 2020). The complaint alleged violations of section 337 
based on the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain non-invasive aesthetic body-contouring devices, components 
thereof, and methods of using the same by reason of infringement of 
claims 1, 2, 4, 6-8, 10, 12-16, 20, 22, 23, and 26-28 of U.S. Patent 
No. 10,632,321 (``the '321 patent''); claims 1, 9-11, 13, 15, 16, and 
20-22 of U.S. Patent No. 10,695,575 (``the '575 patent''); claims 1, 8, 
10, 11, 13, 16, 18, 23-25, 27, and 28 of U.S. Patent No. 10,695,576 
(``the '576 patent''); claims 1, 2, 4, 5, 9, 10, 12, 13, 17-21, 23, 24, 
and 26-29 of U.S. Patent No. 10,709,894 (``the '894 patent''); claims 
1, 2-6, 9, 10, and 14-25 of U.S. Patent No. 10,709,895 (``the '895 
patent''); and claims 1, 6, 7, 16, 21, and 22 of U.S. Patent No. 
10,478,634 (``the '634 patent''). Id. at 55687. The Commission's notice 
of investigation named the following six respondents: Allergan Limited 
of Dublin, Ireland; Allergan USA, Inc. of Madison, New Jersey; 
Allergan, Inc. of Madison, New Jersey; Zeltiq Aesthetics, Inc. of 
Pleasanton, California; Zeltiq Ireland Unlimited Company of Galway, 
Ireland; and Zimmer MedizinSysteme GmbH of Neu-Ulm, Germany 
(collectively, ``Respondents''). The Office of Unfair Import 
Investigations was not named as a party in this investigation. Id.
    On September 10, 2021, BTL and Respondents filed a joint motion to 
terminate the investigation in its entirety based upon settlement.
    The Commission previously determined not to review IDs (Order Nos. 
15 and 21) terminating the investigation as to (1) all asserted claims 
of the '321 patent; (2) all asserted claims of the '575 patent; (3) 
claims 1, 8, 10, 11, 13, 23-25, 27, and 28 of the '576 patent; (4) 
claims 1, 2, 4, 5, 10, 18, 19-24, and 26-29 of the '894 patent; (5) 
claims 3, 4, 6, 9, 10, 15-18, and 20-25 of the '895 patent; and (6) all 
asserted claims of the '634 patent. See Order No. 15, unreviewed by 
Notice (Apr. 27, 2021); Order No. 21, unreviewed by Notice (May 19, 
2021).
    On September 16, 2021, the ALJ issued the subject ID (Order No. 31) 
granting the motion. The subject ID found that the joint motion 
complies with Commission Rule 210.21(a)(2), which provides that ``[a]ny 
party may move at any time to terminate an investigation in whole or in 
part as to any or all respondents on the basis of a settlement, a 
licensing or other agreement . . . .'' ID at 1 (citing 19 CFR 
210.21(a)(2)). The ID further found that in accordance with Commission 
Rule 210.21(b)(1) the parties state that ``[A]part from this Settlement 
Agreement there are no agreements, written or oral, express or implied 
between BTL and Respondents concerning the subject matter of the 
investigation.'' ID at 2 (citing 19 CFR 210.21(b)(1)). In addition, the 
parties provided confidential and public versions of the settlement 
agreement. The ID also found that there is no evidence that terminating 
this investigation based upon settlement would be contrary to the 
public interest.

[[Page 56985]]

Id. at 3. No one petitioned for review of the ID.
    The Commission has determined not to review the subject ID. The 
investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on October 6, 
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 
part 210).

    By order of the Commission.

    Issued: October 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-22176 Filed 10-12-21; 8:45 am]
BILLING CODE 7020-02-P