[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Notices]
[Pages 30684-30685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12780]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1418]
Certain Cochlear Implant Systems and Components Thereof; Notice
of a Commission Determination Not To Review an Initial Determination
Terminating the Investigation by Settlement; Termination 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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 20) issued by the presiding
administrative law judge (``ALJ'') granting the parties' joint motion
to terminate the investigation on the basis of settlement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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 this investigation
on September 23, 2024, based on a complaint filed by Advanced Bionics
AG of Stafa, Switzerland and Advanced Bionics LLC of Valencia,
California (collectively ``Advanced Bionics''). 89 FR 77541-42 (Sept.
23, 2024). The complaint, as supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in
the importation into the United States, sale for importation, or sale
in the United States after importation of certain cochlear implant
systems and components thereof by reason of infringement of certain
asserted claims of U.S. Patent Nos. 7,317,945 (``the '945 patent'') and
8,422,706 (``the '706 patent''). Id. The complaint further alleges that
a domestic industry exists. Id. The Commission's notice of
investigation names MED-EL Corporation, USA of Durham, North Carolina
and MED-EL Elektromedizinische Gerate GmbH of Innsbruck, Austria. The
Office of Unfair Import Investigations (``OUII'') was also named as a
party to this investigation. Id.
On April 21, 2025, the Commission partially terminated the
investigation with respect to asserted claims 3, 5-8, 15-18, and 22 of
the '945 patent and asserted claims 3, 7-9, 14, 17, and 18 of the '706
patent, pursuant to Advanced Bionics's unopposed motion to withdraw the
complaint for those claims under Commission Rule 210.21(a)(1), 19 CFR
210.21(a)(1). Order No. 13 (Apr. 7, 2025), unreviewed by Comm'n Notice
(Apr. 21, 2025).
On May 30, 2025, the parties filed a joint motion to terminate the
investigation based on a confidential settlement agreement. On June 6,
2025, OUII filed a response in support of the joint motion for
termination.
On June 12, 2025, the ALJ issued the subject ID (Order No. 20)
granting the parties' joint motion to terminate the investigation. The
subject ID finds that, apart from the parties' confidential settlement
agreement, there are no other agreements, written or oral, express or
implied, between the parties concerning the subject matter of this
investigation, in accordance with Commission Rule 210.21(a), (b), 19
CFR 210.21(a)(b). The subject ID also finds that termination of the
specified claims of the '945 and '706 patents would not have any
adverse impact on the public interest and would conserve public and
private resources.
No party filed a petition for review of the subject ID.
[[Page 30685]]
The Commission has determined not to review the subject ID. The
investigation is hereby terminated.
The Commission vote for this determination took place on July 7,
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: July 7, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-12780 Filed 7-9-25; 8:45 am]
BILLING CODE 7020-02-P