[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Page 71603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22793]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1265 (Enforcement Proceeding)]


Certain Fitness Devices, Streaming Components Thereof, and 
Systems Containing Same; Notice of Institution of an Enforcement 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted an enforcement proceeding relating to the 
remedial orders issued on March 8, 2023, in the above-referenced 
investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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: The Commission instituted the original 
investigation on May 19, 2021, based on a complaint filed 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 
(collectively, ``DISH''). 86 FR 27106-07 (May 19, 2021). The complaint 
alleged violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), in the importation into the 
United States, the sale for importation, or 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 Nos. 9,407,564 (``the 
'564 patent''); 10,951,680 (``the '680 patent''); 10,469,554 (``the 
'554 patent''); 10,469,555 (``the '555 patent''); and 10,757,156 (``the 
'156 patent''). Id. at 27106. The notice of investigation named, among 
others, ICON Health & Fitness, Inc.; FreeMotion Fitness, Inc.; and 
NordicTrack, Inc., all of Logan, Utah (collectively, ``iFIT 
Respondents'') as respondents. Id. The Commission's Office of Unfair 
Import Investigations (``OUII'') also was named as a party in this 
investigation. Id.
    Prior to the issuance of the final initial determination (``ID'') 
in the original investigation, the notice of investigation was amended 
to change the name of ICON Health & Fitness, Inc. to iFIT Inc. Order 
No. 14 (Nov. 4, 2021), unreviewed by Comm'n Notice (Dec. 6, 2021), 86 
FR 70532 (Dec. 10, 2021). The investigation was also terminated in part 
as to all asserted claims of the '680 patent and certain claims of the 
other asserted patents. Order No. 15 (Nov. 19, 2021), unreviewed by 
Comm'n Notice (Dec. 20, 2021); Order No. 21 (Mar. 3, 2022), unreviewed 
by Comm'n Notice (Mar. 23, 2022).
    On September 9, 2022, the Chief Administrative Law Judge (``CALJ'') 
issued the final ID in the original investigation, which finds that the 
iFIT Respondents, among others, violated section 337. On November 18, 
2022, the Commission determined to review the final ID in part. See 
Comm'n Notice (Nov. 18, 2022), 87 FR 72510, 72510-12 (Nov. 25, 2022).
    On March 8, 2023, the Commission affirmed with certain 
modifications the final ID's findings that there was a violation of 
section 337 by the iFIT Respondents as to claims 16, 17, and 20 of the 
'554 patent; claims 10, 11, 14, and 15 of the '555 patent; and claims 1 
and 4 of the '156 patent, and reversed the final ID's finding of a 
violation as to the '564 patent. See Comm'n Notice (Mar. 8, 2023); 
Comm'n Op. (Mar. 23, 2023) (Public Version). The Commission determined 
that the appropriate form of relief was a limited exclusion order 
(``LEO'') and cease and desist orders (``CDOs'') against the iFIT 
Respondents, among others. Comm'n Notice (Mar. 8, 2023), 88 FR 15736-38 
(Mar. 14, 2023). On May 5, 2023, the Commission modified the remedial 
orders. Comm'n Notice (May 5, 2023), 88 FR 30158-160 (May 10, 2023).
    On September 11, 2023, DISH filed a complaint requesting that the 
Commission institute an enforcement proceeding under Commission Rule 
210.75, 19 CFR 210.75, to investigate alleged violations of the LEO and 
CDOs by the iFIT Respondents as to claims 16, 17, and 20 of the '554 
patent and claims 10, 11, 14, and 15 of the '555 patent.
    Having examined the enforcement complaint and the supporting 
documents, the Commission has determined to institute an enforcement 
proceeding, pursuant to Commission Rule 210.75(a), 19 CFR 210.75(a), to 
determine whether a violation of the LEO and CDOs issued on March 8, 
2023, in the original investigation has occurred and to determine what, 
if any, enforcement measures are appropriate. The named respondents are 
the iFIT Respondents. OUII is also named as a party.
    The Commission vote for this determination took place on October 
11, 2023.
    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.

    Dated: October 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-22793 Filed 10-16-23; 8:45 am]
BILLING CODE 7020-02-P