    [Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
    [Notices]
    [Pages 14713-14714]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2026-05853]

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    INTERNATIONAL TRADE COMMISSION

    [Investigation No. 337-TA-1408]

    Certain Hydrodermabrasion Systems and Components Thereof; Notice
    of the Commission's Final Determination Finding a Violation of Section
    337: Issuance and Suspension of Limited Exclusion Order and Cease and
    Desist Order; Termination of the 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 that that a violation under
    of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337)
    has occurred. The Commission has determined that the appropriate remedy
    is to issue a limited exclusion order and a cease and desist order and
    set the bond at zero percent (0%) of the entered value of the covered
    products during the period of Presidential review. However, the
    Commission has determined to suspend the issuance of the remedial
    orders in this investigation given the impending expiration of the
    asserted patent mere days into the period of Presidential review and
    the bond having been set at zero percent (0%). The investigation is
    terminated.

    FOR FURTHER INFORMATION CONTACT: Jonathan D. Link, Esq., Office of the
    General Counsel, U.S. International Trade Commission, 500 E Street SW,
    Washington, DC 20436, telephone (202) 205-3103. 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
    EDIS3Help@usitc.gov. 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 July 17, 2024, the Commission instituted
    this investigation based on a complaint filed on behalf of HydraFacial
    LLC, f/k/a Edge Systems LLC, of Long Beach, California
    (``HydraFacial''). 89 FR 58188-89 (July 17, 2024). The complaint
    alleges violations of section 337 of the Tariff Act of 1930, as
    amended, 19 U.S.C. 1337 (``section 337''), based on the importation
    into the United States, the sale for importation, or sale within the
    United States after importation of certain hydrodermabrasion systems
    and components thereof by reason of the infringement of certain claims
    of the '287 patent. Id. The complaint further alleges that an industry
    in the United States exists as required by section 337. Id. The
    Commission's notice of investigation named as respondents Cartessa
    Aesthetics, LLC (``Cartessa'') of Melville, New York; and Eunsung
    Global Corp. of Republic of Korea. Id. The Office of Unfair Import
    Investigations is not participating in this investigation. Id.
        On August 14, 2025, the Commission determined not to review an
    initial determination (Order No. 3) setting the target date for
    completion of the investigation as December 17, 2025. See Order No. 3
    (July 29, 2024), unreviewed by Comm'n Notice (Aug. 14, 2024).
        On January 21, 2025, the Commission terminated the investigation as
    to Eunsung based on a consent order. Order No. 19 (Dec. 19, 2024),
    unreviewed by Comm'n Notice (Jan. 21, 2025).
        On April 11, 2025, the Commission determined not to review an
    initial determination (Order No. 34) granting Complainant's unopposed
    motion to terminate the investigation as to claims 1-10, 15, 17, 20,
    23, 26, 28-31, 33-37,

    [[Page 14714]]

    and 39-45 of the '287 patent. See Order No. 34 (Mar. 26, 2025),
    unreviewed by Comm'n Notice (Apr. 11, 2025).
        On August 26, 2025, the ALJ issued a final initial determination
    (``FID'') finding a violation of section 337 by respondent Cartessa. On
    September 8, 2025, Cartessa filed a petition for review of the FID and
    on September 16, 2025, HydraFacial filed its response.
        On December 15, 2025, the Commission determined, in view of the
    shutdown of the Federal Government, to extend the date for determining
    whether to review the FID to January 22, 2026. See Comm'n Notice (Dec.
    15, 2025). In that notice, the Commission also asked the parties to
    address the impact, if any, the upcoming expiration of the '287 patent
    would have on the investigation.
        On January 22, 2026, the Commission determined to review the FID's
    findings on (1) the construction, and findings on infringement and the
    technical prong of the domestic industry, for the claim limitations
    including the term ``fluid communication''; (2) invalidity and non-
    infringement findings based on the finding that the term ``block'' is
    indefinite, including review of any underlying related orders (e.g.,
    Order Nos. 29 and 50); and (3) unenforceability based on prosecution
    laches. 91 FR 3540 (Jan. 27, 2026). The Commission sought briefing on
    remedy, the public interest, and bonding. Id. The Commission also
    determined to extend the target date for completion of the
    investigation to March 23, 2026. Id.
        On January 28, 2026, Cartessa filed a motion to terminate the
    present investigation and vacate the FID on Violation of Section 337
    (``Motion to Terminate'') based on the impending expiration of the '287
    patent. On February 9, 2026, HydraFacial filed its opposition to the
    Motion to Terminate.
        On February 5, 2026, HydraFacial and Cartessa submitted their
    initial submissions on remedy, bonding and the public interest. On
    February 12, 2026, HydraFacial and Cartessa submitted responses to the
    other's initial submission. The Commission also received public
    interest comments from interested third parties Sinclair Pharma
    Limited, Sinclair Pharma US, Viora, Inc., EMA Aesthetics, Ltd.,
    Aesthetic Management Partners, LLC, and Aesthetic Management Partners,
    Inc.
        Having considered the parties' submissions, the FID, and the record
    in this investigation, the Commission, on review, has determined to
    supplement and affirm the FID's finding that Cartessa has violated
    section 337 by importing into the United States and selling in the
    United States after importation certain hydrodermabrasion systems and
    components thereof that infringe claims 11, 12, 14, 16, 18, 19, 22, 24,
    and 25 of the '287 patent. Specifically, the Commission (1) affirms and
    supplement the FID's the construction, and findings on infringement and
    the technical prong of the domestic industry, for the claim limitations
    including the term ``fluid communication;'' (2) vacates the FID's
    finding that the term ``block'' is indefinite and finds that
    Complainant has waived its allegations as to where claim 32 is
    infringed; (3) and supplements and affirms the FID's finding that the
    '287 patent is not unenforceable based on prosecution laches.
    Accordingly, and in conjunction with the Commission's earlier
    determination not to review the FID's validity and economic domestic
    industry findings for the '287 patent, the Commission's final
    determination in this investigation is that Cartessa violated section
    337 with respect to '287 patent.
        The Commission has determined that the appropriate remedy is a
    limited exclusion order against Respondent Cartessa prohibiting entry
    of products that infringe one or more of the asserted claims of the
    '287 patent, and a cease and desist order. The Commission has further
    determined that the public interest factors enumerated in subsections
    (d)(l) (19 U.S.C. 1337(d)(l)) do not preclude issuance of the above
    referenced remedial orders. Additionally, the Commission has determined
    that the appropriate bond in this investigation would be set at zero
    percent (0%) of entered value of the covered products during the period
    of Presidential review. 19 U.S.C. 1337(j). The Commission, however, has
    determined to suspend enforcement of the orders. The '287 patent will
    expire on March 29, 2026, only six days after the remedial orders issue
    and before the conclusion of the Presidential review period when such
    orders would be enforced. Because of the Commission determination that
    bond for this investigation be set at zero percent (0%) during the
    period of Presidential review and the impending expiration of the '287
    patent during the period of Presidential review, the Commission's
    orders will not have any future remedial effect.
        The Commission has further determined that Cartessa's Motion to
    Terminate is denied as untimely. 19 CFR 210.21(a)(1). The investigation
    is terminated.
        The Commission's orders and opinion were delivered to the President
    and United States Trade Representative on the day of their issuance.
        The Commission vote for this determination took place on March 23,
    2026.
        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 23, 2026.
    Lisa Barton,
    Secretary to the Commission.
    [FR Doc. 2026-05853 Filed 3-25-26; 8:45 am]
    BILLING CODE 7020-02-P