[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34297-34298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12024]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1068]


Certain Microfluidic Devices; Notice of a Commission 
Determination Not To Review an Initial Determination Granting 10X 
Genomics, Inc.'s Motion for Return of Its Bond

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. 37) of the presiding administrative 
law judge (``ALJ''), granting 10X Genomics, Inc.'s motion for return of 
its bond.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 September 6, 2017, the Commission 
instituted this investigation based on a complaint filed by Bio-Rad 
Laboratories, Inc. of Hercules, CA; and Lawrence Livermore National 
Security, LLC of Livermore, CA (collectively, ``Bio-Rad''). 82 FR 42115 
(Sept. 6, 2017). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain microfluidic 
devices by reason of infringement certain claims of U.S. Patent Nos. 
9,500,664 (``the '664 patent''); 9,089,844 (``the '844 patent''); 
9,636,682 (``the '682 patent''); 9,649,635 (``the '635 patent''); and 
9,126,160 (``the '160 patent''). Id. The Commission's Notice of 
Investigation named as the sole respondent 10X Genomics, Inc. of 
Pleasanton, CA (``10X''). Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to this 
investigation. Id.
    The Commission subsequently terminated the investigation as to the 
'844 patent. Order No. 19 (Mar. 6, 2018), unreviewed by Notice (Apr. 
16, 2018).
    On September 20, 2018, the presiding ALJ issued the final ID. The 
final ID found a violation of section 337 by virtue of 10X's 
infringement of the '664, '682, and '635 patents. The ID found that 10X 
had not established a violation with respect to the '160 patent. On 
December 4, 2018, the Commission

[[Page 34298]]

determined to review various findings in the ID. 83 FR 63672 (Dec. 11, 
2018).
    On December 18, 2019, the Commission found a violation of section 
337 with respect to the '664, '682, and '635 patents. 84 FR 70999 (Dec. 
26, 2019). The Commission also found no violation of section 337 with 
respect to the '160 patent. Id. The Commission determined to issue a 
limited exclusion order prohibiting further importation of 10X's 
infringing microfluidic devices and a cease and desist order (``CDO'') 
against 10X. Id.
    On May 28, 2021, in an appeal initiated by Bio-Rad, the U.S. Court 
of Appeals for the Federal Circuit issued a decision affirming the 
Commission's final determination. Bio-Rad Labs., Inc. v. Int'l Trade 
Comm'n, 998 F.3d 1320 (Fed. Cir. 2021).
    On July 26, 2021, Bio-Rad and 10X entered into a settlement 
agreement that resolved the disputes concerning the subject matter of 
this investigation.
    On July 28, 2021, Bio-Rad and 10X jointly petitioned for rescission 
of the Commission's remedial orders under section 337(k) (19 U.S.C. 
1337(k)) and Commission Rule 210.76(a) (19 CFR 210.76(a)). On August 
25, 2021, the Commission granted the parties' petition and rescinded 
the remedial orders.
    On July 27, 2021, 10X filed a motion for return of the bond it 
posted pursuant to the CDO entered in this investigation. On August 6, 
2021, OUII filed a response supporting the motion.
    On April 13, 2022, the ALJ issued Order No. 37, the subject ID, 
which granted the motion. The ALJ found that 10X satisfied the 
procedural requirements for the return of bond, that the settlement 
agreement between Bio-Rad and 10X resolved the dispute between them 
regarding activities during the period of Presidential review that were 
subject to the Commission's remedial orders, and that the Commission 
has previously released the respondent's bond under similar 
circumstances.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on May 31, 
2022.
    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: May 31, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12024 Filed 6-3-22; 8:45 am]
BILLING CODE 7020-02-P