[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Page 66442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18313]



[[Page 66442]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1396]


Certain Medical Programmers With Printed Circuit Boards, 
Components Thereof, and Products and Systems for Use With the Same; 
Notice of Commission Determination Not To Review an Initial 
Determination Granting Complainants' Motion To Amend the Complaint and 
Notice 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 has determined not to review an initial determination 
(``ID'') (Order No. 11) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion to amend the complaint to 
correct a typographical error on the cover page and the notice of 
investigation (``NOI'') to change the plain language description of the 
accused products in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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: The Commission instituted this investigation 
on April 3, 2024, based on a complaint filed by Medtronic, Inc., 
Medtronic Logistics, LLC, and Medtronic USA, Inc., all of Minneapolis, 
Minnesota, and Medtronic Puerto Rico Operations Co. of Juncos, Puerto 
Rico (collectively, ``Medtronic''). 89 FR 23043-44 (Apr. 3, 2024). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain medical 
programmers with printed circuit boards, components thereof, and 
products and systems for use with the same by reason of the 
infringement of certain claims of U.S. Patent Nos. 8,712,540 and 
9,174,059. Id. at 23043. The complaint further alleges that a domestic 
industry exists. Id. The NOI named one respondent: Axonics, Inc. 
(``Axonics'') of Irvine, California. Id. at 23044. The Office of Unfair 
Import Investigations (``OUII'') is also named as a party. Id.
    On June 25, 2024, Medtronic filed a motion to amend the complaint 
and NOI to (i) correct a typographical error on the cover page of the 
complaint by substituting ``UNITED'' in place of ``MUNITED,'' and (ii) 
change the NOI's plain language description of the accused products--
which presently reads ``sacral neuromodulation systems to control 
neurostimulators surgically implanted into a human patient, 
incorporating medical programmers and printed circuit boards used in 
same''--by substituting ``components thereof, and'' in place of 
``incorporating.'' On July 5, 2024, Axonics filed a response to the 
motion opposing the amendment to the NOI, but not opposing the 
amendment to the complaint. Also on July 5, 2024, OUII filed a response 
in support of the motion.
    On July 11, 2024, the ALJ issued the subject ID granting the 
motion. The ID finds that, in accordance with Commission Rule 210.14(b) 
(19 CFR 210.14(b)), good cause exists for amending the complaint and 
NOI as requested by Medtronic and neither the parties nor the public 
interest will be prejudiced. ID at 1, 3. No petitions for review of the 
subject ID were filed.
    The Commission has determined not to review the subject ID. The 
complaint is amended to substitute ``UNITED'' in place of ``MUNITED,'' 
and the NOI is amended so that the plain language description of the 
accused products reads ``sacral neuromodulation systems to control 
neurostimulators surgically implanted into a human patient, components 
thereof, and medical programmers and printed circuit boards used in 
same.''
    The Commission vote for this determination took place on August 12, 
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: August 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18313 Filed 8-14-24; 8:45 am]
BILLING CODE 7020-02-P