[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26189-26190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07843]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1265 (Rescission II)]


Certain Fitness Devices, Streaming Components Thereof, and 
Systems Containing Same Institution of Rescission Proceeding; Issuance 
of Order Rescinding Remedial Orders as to Certain Respondents; 
Termination of Rescission Proceeding

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 to institute a rescission 
proceeding, issue an order rescinding the remedial orders directed to 
iFIT Inc., f/k/a ICON Health & Fitness, Inc. of Logan, Utah; FreeMotion 
Fitness, Inc. of Logan, Utah; and NordicTrack Inc. of Logan, Utah 
(together with iFIT Inc. and FreeMotion Fitness, Inc., ``iFit''), and 
then terminate the rescission proceeding.

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 May 19, 2021, the Commission instituted 
the underlying investigation based on a complaint filed on behalf of 
complainants 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, 27106-07 
(May 19, 2021). The complaint alleged

[[Page 26190]]

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 fitness devices, streaming components thereof, and systems 
containing the same by reason of infringement of certain claims of U.S. 
Patent Nos. 9,407,564 (``the '564 patent''); 10,469,554 (``the '554 
patent''); 10,469,555 (``the '555 patent''); 10,757,156 (``the '156 
patent''); and 10,951,680 (``the '680 patent''). Id. The complaint 
further alleged that a domestic industry exists. Id. The Commission's 
notice of investigation named as respondents iFit; Peloton Interactive, 
Inc. of New York, New York (``Peloton''); lululemon athletica inc. of 
Vancouver, Canada; and Curiouser Products Inc. d/b/a MIRROR of New 
York, New York (together with lululemon athletica inc., ``MIRROR,'' and 
together with the other respondents, ``Respondents''). Id.; Order No. 
14 (Nov. 4, 2021), unreviewed by Comm'n Notice (Dec. 6, 2021), 86 FR 
70532 (Dec. 10, 2021). The Office of Unfair Import Investigations 
(``OUII'') participated in the investigation. 86 FR at 27106-07.
    On March 8, 2023, the Commission issued its final determination, 
finding respondents Peloton and iFit in violation of section 337 as to 
the asserted claims of the '156, '554, and '555 patents, but not as to 
the asserted claims of the '564 patent. See 88 FR 15736 (Mar. 14, 
2023). The investigation had terminated as to the asserted claims of 
the '680 patent prior to the issuance of the final initial 
determination, Order No. 21 (Mar. 3, 2022), unreviewed by Comm'n Notice 
(Mar. 23, 2022), and the final determination granted an unopposed 
motion to terminate as to MIRROR, see 88 FR at 15736. As a remedy, the 
Commission issued a limited exclusion order (``LEO'') and cease and 
desist orders (``CDOs'') directed to Peloton and iFit. Id.
    On May 5, 2023, the Commission modified the remedial orders in 
certain respects, see 88 FR 30158 (May 10, 2023). On June 1, 2023, the 
Commission rescinded the remedial orders directed to Peloton. See 88 FR 
37274 (June 7, 2023). Thus, the remaining orders in this investigation 
are only directed to iFit.
    On March 8, 2024, DISH filed a petition requesting that the 
Commission rescind the remedial orders issued against iFit based on a 
settlement agreement between DISH and iFit. DISH also filed 
confidential and public supplements to the petition that included 
confidential and public versions of the settlement agreement. The 
petition asserts that rescission is warranted based on changed 
conditions of fact and law stemming from DISH and iFit reaching a 
settlement agreement that fully resolves the dispute between DISH and 
iFit concerning the subject matter of the underlying investigation.
    On March 19, 2024, OUII filed a response supporting DISH's 
petition. No other responses were received in response to the petition.
    In consideration of the petition and the response thereto, the 
Commission has determined to institute a rescission proceeding in this 
investigation. Consistent with an order issued concurrently herewith, 
the Commission has determined to rescind the remaining modified 
remedial orders issued in this investigation. The settlement agreement 
fully resolves the dispute between DISH and iFit concerning the subject 
matter of this investigation, the settlement agreement constitutes 
changed circumstances warranting rescission, and the petition complies 
with the procedural requirements of Commission Rule 210.76 (19 CFR 
210.76). The Commission has further determined to terminate this 
rescission proceeding.
    The Commission vote for these determinations took place on April 9, 
2024.
    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: April 9, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-07843 Filed 4-12-24; 8:45 am]
BILLING CODE 7020-02-P