[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13390-13391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04822]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1364 (Enforcement)]
Certain Blood Flow Restriction Devices With Rotatable Windlasses
and Components Thereof; Notice of Institution of Formal Enforcement
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 formal
enforcement proceeding relating to cease and desist orders (``CDOs'')
issued on September 30, 2024, and corrected on October 8, 2024, in the
above-referenced investigation.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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 underlying
investigation on May 31, 2023, based on a complaint, as supplemented,
filed by Composite Resources, Inc. and North American Rescue, LLC
(collectively, ``Complainants''). 88 FR 34893-95 (May 31, 2023). The
Commission determined to investigate alleged violations of
[[Page 13391]]
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), based upon the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain blood flow restriction devices with rotatable
windlasses and components thereof that infringe certain claims of U.S.
Patent No. 7,842,067 (``the '067 patent''), U.S. Patent No. 8,888,807
(``the '807 patent''), and U.S. Patent No. 10,016,203 (``the '203
patent''); as well as United States Trademark Registration Nos.
3,863,064 and 5,046,378 (``Asserted Trademarks''); and whether an
industry in the United States exists as required by the applicable
Federal statute. The Commission also determined to investigate alleged
violations of section 337 based upon the importation into the United
States, and in the sale of, certain blood flow restriction devices with
rotatable windlasses and components thereof that infringe certain trade
dress (``Asserted Trade Dress'') in violation of Section 43(a) of the
Lanham Act (15 U.S.C. 1125) the threat or effect of which is to destroy
or substantially injure a domestic industry. Id. at 34893-94. The
Commission's notice of investigation named thirty (30) respondents. Id.
at 34894. The Office of Unfair Import Investigations (``OUII'') was
also named as a party. Id.
Two named respondents were terminated based on the entry of consent
orders. See Order No. 7 (Aug. 9, 2023), unreviewed by Comm'n Notice
(Sept. 5, 2023); Order No. 13 (Oct. 3, 2023), unreviewed by Comm'n
Notice (Nov. 2, 2023). Twelve (12) named respondents were terminated
based on withdrawal of the complaint after those respondents were
unable to be served. See Order No. 10 (Aug. 22, 2023), unreviewed by
Comm'n Notice (Sept. 20, 2023). The remaining respondents were found in
default. See Order No. 11 (Aug. 29, 2023), unreviewed by Comm'n Notice
(Sept. 22, 2023).
Complainants withdrew many of their patent infringement
allegations, including all allegations with respect to the '807 patent
and '203 patent. See Order No. 14 (Nov. 2, 2023), unreviewed by Comm'n
Notice (Dec. 4, 2023); Order No. 19 (Jan. 25, 2024), unreviewed by
Comm'n Notice (Feb. 15, 2024).
On December 22, 2023, Complainants filed a motion for summary
determination on violation of section 337, which was granted-in-part
with respect to infringement of claims 1, 4, 15, and 16 of the '067
patent. Order No. 20 (Feb. 7, 2024), unreviewed by Comm'n Notice (Mar.
6, 2024).
On September 30, 2024, the Commission determined to issue a general
exclusion order prohibiting the importation into the United States of
certain blood flow restriction devices with rotatable windlasses and
components thereof that infringe one or more of claims 1, 4, 15, and/or
16 of the '067 patent, a limited exclusion order with respect to
defaulting respondents for infringement of the Asserted Trademarks and
Asserted Trade Dress, and CDOs directed to certain respondents with
respect to infringement of claims 1, 4, 15, and/or 16 of the '067
patent, the Asserted Trademarks, and the Asserted Trade Dress. See 89
FR 80930-31 (Oct. 4, 2024); Corrected Comm'n Op. (Oct. 8, 2024).
On February 13, 2025, Complainants filed a complaint (the
``Enforcement Complaint'') requesting that the Commission institute an
enforcement proceeding under Commission Rule 210.75 to investigate
alleged violations of the CDOs that were issued to Rhino, Inc.
(``Rhino'') of Lewes, Delaware and Wuxi Emsrun Technology Co., Ltd.
(``Wuxi Emsrun'') of Wuxi City, China. In the Enforcement Complaint,
Complainants allege that Rhino and Wuxi Emsrun have continued to sell
articles that infringe claims 1, 4, 15, and 16 of the '067 patent and/
or the Asserted Trade Dress in violation of the CDOs.
Having examined the Enforcement Complaint and the supporting
documents, the Commission has determined to institute a formal
enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR
210.75(a)), to determine whether a violation of the CDOs issued to
Rhino and Wuxi Emsrun in this investigation has occurred and to
determine what, if any, enforcement measures are appropriate. The named
respondents are Rhino and Wuxi Emsrun. OUII is also named as a party.
The Commission vote for this determination took place on March 17,
2025.
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: March 17, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-04822 Filed 3-20-25; 8:45 am]
BILLING CODE 7020-02-P