[Federal Register Volume 90, Number 237 (Friday, December 12, 2025)]
[Notices]
[Pages 57778-57779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22586]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1398 (Modification and Rescission)]
Certain Smart Wearable Devices, Systems, and Components Thereof;
Notice of Commission Determination To Institute Modification and
Rescission Proceedings and To Grant a Joint Petition for Limited
Service of Confidential Exhibit; Modification of Limited Exclusion
Order and Rescission of Cease and Desist Orders; Termination of
Modification and Rescission Proceedings
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 to (i) institute modification and rescission
proceedings based on a joint petition to rescind the limited exclusion
order (``LEO'') as to respondents RingConn LLC and Shenzhen Ninenovo
Technology Limited (collectively, ``RingConn'') and rescind in full
cease and desist orders (``CDOs'') as to RingConn, and (ii) grant the
joint petition for limited service of the confidential exhibit. The LEO
is modified to remove reference to RingConn and the CDOs as to RingConn
are rescinded. The modification and rescission proceedings are
terminated.
FOR FURTHER INFORMATION CONTACT: Joelle P. Justus, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2593. 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 April 17, 2024, based on a complaint filed by Ouraring, Inc. of San
Francisco, California, and [Omacr]ura Health Oy of Oulu, Finland
(collectively, ``Oura''). 89 FR 27452-53 (Apr. 17, 2024). The
complaint, as amended, alleged violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation
into the United States, the sale for importation, and the sale within
the United States after importation of certain smart wearable devices,
systems, and components thereof by reason of the infringement of
certain claims of U.S. Patent Nos. 11,868,178 (``the '178 patent'');
10,842,429 (``the '429 patent''); and 11,868,179 (``the '179 patent'').
The Commission's notice of investigation named as respondents: (1)
Ultrahuman Healthcare Pvt. Ltd. of Bengaluru, India; Ultrahuman
Healthcare SP LLC of Abu Dhabi, UAE; and Ultrahuman Healthcare Ltd. of
London, United Kingdom (collectively, ``Ultrahuman''); (2) Guangdong
Jiu Zhi Technology Co. Ltd. of Guangdong, China; and RingConn LLC of
Wilmington, Delaware (collectively, ``RingConn''); and (3) Circular SAS
of Paris, France. The Office of Unfair Import Investigations (``OUII'')
was also a party to this investigation.
The complaint and notice of investigation were later amended to
[[Page 57779]]
change the name of Respondent Guangdong Jiu Zhi Technology Co. Ltd. to
Shenzhen Ninenovo Technology Limited because of a corporate name
change, and to amend the address for RingConn LLC. Order No. 8 (May 3,
2024), unreviewed by Comm'n Notice, 89 FR 48686-87 (June 7, 2024).
The Commission terminated the investigation as to respondent
Circular SAS based on settlement. Order No. 12 (July 9, 2024),
unreviewed by Comm'n Notice (Aug. 6, 2024).
The Commission further terminated the investigation as to all
claims of the '429 and '179 patents, and all but claims 1, 2, and 12-14
of the '178 patent. Order No. 13 (July 30, 2024), unreviewed by Comm'n
Notice (Aug. 22, 2024); Order No. 15 (Sept. 16, 2024), unreviewed by
Comm'n Notice (Oct. 7, 2024); Order No. 21 (Dec. 9, 2024), unreviewed
by Comm'n Notice (Dec. 23, 2024).
On August 21, 2025, the Commission issued a final determination
finding a violation of section 337 by RingConn and Ultrahuman as to the
remaining asserted claims of the '178 patent. 90 FR 41594-95 (Aug. 26,
2025). The Commission determined that the appropriate remedy is: (i) an
LEO against Ultrahuman's and RingConn's infringing products; and (ii)
CDOs against Ultrahuman and RingConn. Id. at 41595. The Commission set
the bond during the period of Presidential review at zero (0) percent
of the entered value of the infringing articles. Id.
On September 5, 2025, the Commission granted a Joint Motion for
Correction and/or Clarification Regarding the Temporal Scope of the
Warranty Exemption in the Commission's Remedial Orders. See Comm'n
Notice (Sept. 5, 2025). The Commission issued corrected CDOs reflecting
that the conduct permitted by the CDOs includes the importation and
provision of covered products necessary to replace covered products
purchased by consumers prior to the expiration of the period of
Presidential review, provided that replacement is pursuant to a
warranty for the replaced article.
On November 17, 2025, Oura and RingConn (``Petitioners'') jointly
petitioned under 19 U.S.C. 1337(k) and 19 CFR 210.76(a)(1) to rescind
the LEO as to RingConn's infringing products and rescind the CDOs as to
RingConn. The joint petition further requests that service of the
unredacted version of the Patent License & Settlement Agreement
(``Settlement Agreement'') between Oura and RingConn be limited to
Oura, RingConn, and OUII. The joint petition (``Jt. Pet.'') states that
the requested rescission of the orders is warranted because, based on
the Settlement Agreement, ``RingConn licensed a group of patents
including the '178 Patent, the sole basis for the remedial orders
issued against RingConn in this Investigation,'' and thus the
Settlement Agreement ``resolves all past and current issues as to
RingConn in this Investigation.'' Jt. Pet. at 1, 3. The joint petition
argues that the Settlement Agreement constitutes a changed condition of
fact justifying rescission of the orders as to RingConn. Id. at 3. In
accordance with Commission Rule 210.76(a)(3), the joint petition
includes confidential and public versions of the Settlement Agreement
and states that ``[t]here are no other agreements, written or oral,
express or implied between Oura and RingConn concerning the subject
matter of this Investigation.'' Id.; 19 CFR 210.76(a)(3). The joint
petition states that Ultrahuman does not oppose the petition. J. Pet.
at 1. On November 28, 2025, OUII filed a response in support of the
joint petition.
The Commission has determined that the joint petition satisfies the
requirements of Commission Rule 210.76(a)(3), 19 CFR 210.76(a)(3). The
Commission has further determined that the conditions justifying the
remedial orders against RingConn no longer exist, and, therefore,
granting the joint petition is warranted under section 337(k) (19
U.S.C. 1337(k)), and Commission Rule 210.76(a)(3). The Commission has
thus determined to institute modification and rescission proceedings
and to modify the LEO to remove RingConn and rescind in full the CDOs
against RingConn based on the Settlement Agreement. The Commission also
finds that Petitioners have shown the requisite good cause under
Commission Rule 210.76(a)(3) to grant their motion for limited service
of confidential Exhibit 1. The Commission issues a modified LEO and an
order herewith setting forth its determinations.
The modification and rescission proceedings are terminated.
The Commission vote for this determination took place on December
8, 2025.
This action is taken under the authority of 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: December 9, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-22586 Filed 12-11-25; 8:45 am]
BILLING CODE 7020-02-P