[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30391-30392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08640]


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INTERNATIONAL TRADE COMMISSION

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


Certain Fitness Devices, Streaming Components Thereof, and 
Systems Containing Same; Notice of Commission Determination Not To 
Review an Initial Determination Terminating the Enforcement Proceeding 
Based on Settlement; Termination of the 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 has determined not to review an initial determination 
(``ID'') (Order No. 11) of the presiding Chief Administrative Law Judge 
(``CALJ'') terminating the enforcement proceeding based on settlement. 
The enforcement proceeding is terminated.

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 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

[[Page 30392]]

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 Inc., f/k/a ICON Health & Fitness, Inc. of Logan, 
Utah; FreeMotion Fitness, Inc. of Logan, Utah; NordicTrack, Inc. of 
Logan, Utah (together with iFIT Inc. and FreeMotion Fitness, Inc., 
``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 and cease and desist orders 
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).
    On October 17, 2023, the Commission instituted an enforcement 
proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate 
alleged violations of the remedial orders by iFit. 88 FR 71603 (Oct. 
17, 2023). In addition to DISH and iFit, OUII was also named as a party 
to the enforcement proceeding. See id.
    On March 8, 2024, DISH and iFIT filed a joint motion requesting 
termination of the enforcement proceeding based on a settlement 
agreement. On March 18, 2024, OUII filed a response supporting the 
motion. No other responses were received in response to the motion. 
Separately, DISH filed a petition with the Commission requesting that 
the Commission rescind the remedial orders issued in the underlying 
investigation based on the settlement.
    On March 19, 2024, the CALJ issued the subject ID (Order No. 11) 
granting the motion. The ID found that the joint motion complies with 
Commission Rule 210.21(b)(1), 19 CFR 210.21(b)(1). Furthermore, in 
accordance with Commission Rule 210.50(b)(2), 19 CFR 210.50(b)(2), the 
ID found ``no evidence that terminating this enforcement proceeding on 
the basis of settlement would adversely affect'' the public interest. 
See Order No. 11 at 3.
    No petitions for review of the subject ID were filed.
    The Commission has determined not to review the subject ID. The 
enforcement proceeding in this investigation is hereby terminated in 
its entirety.
    The Commission vote for this determination took place on April 18, 
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 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08640 Filed 4-22-24; 8:45 am]
BILLING CODE 7020-02-P