Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices 71603 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: October 12, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–22891 Filed 10–16–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1265 

(Enforcement Proceeding)] 

Certain Fitness Devices, Streaming 

Components Thereof, and Systems 

Containing Same; Notice of Institution 

of an Enforcement Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has instituted an 

enforcement proceeding relating to the 

remedial orders issued on March 8, 

2023, in the above-referenced 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Chen, Esq., Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2392. 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: The 

Commission instituted the original 

investigation on May 19, 2021, based on 

a complaint filed on behalf of DISH DBS 

Corporation of Englewood, Colorado; 

DISH Technologies L.L.C., of 

Englewood, Colorado; and Sling TV 

L.L.C., of Englewood, Colorado 

(collectively, ‘‘DISH’’). 86 FR 27106–07 

(May 19, 2021). The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

(‘‘section 337’’), in the importation into 

the United States, the sale for 

importation, or the sale within the 

United States after importation of 

certain fitness devices, streaming 

components thereof, and systems 

containing same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 9,407,564 (‘‘the ’564 

patent’’); 10,951,680 (‘‘the ’680 patent’’); 

10,469,554 (‘‘the ’554 patent’’); 

10,469,555 (‘‘the ’555 patent’’); and 

10,757,156 (‘‘the ’156 patent’’). Id. at 

27106. The notice of investigation 

named, among others, ICON Health & 

Fitness, Inc.; FreeMotion Fitness, Inc.; 

and NordicTrack, Inc., all of Logan, 

Utah (collectively, ‘‘iFIT Respondents’’) 

as respondents. Id. The Commission’s 

Office of Unfair Import Investigations 

(‘‘OUII’’) also was named as a party in 

this investigation. Id. 

Prior to the issuance of the final 

initial determination (‘‘ID’’) in the 

original investigation, the notice of 

investigation was amended to change 

the name of ICON Health & Fitness, Inc. 

to iFIT Inc. Order No. 14 (Nov. 4, 2021), 

unreviewed by Comm’n Notice (Dec. 6, 

2021), 86 FR 70532 (Dec. 10, 2021). The 

investigation was also terminated in 

part as to all asserted claims of the ’680 

patent and certain claims of the other 

asserted patents. Order No. 15 (Nov. 19, 

2021), unreviewed by Comm’n Notice 

(Dec. 20, 2021); Order No. 21 (Mar. 3, 

2022), unreviewed by Comm’n Notice 

(Mar. 23, 2022). 

On September 9, 2022, the Chief 

Administrative Law Judge (‘‘CALJ’’) 

issued the final ID in the original 

investigation, which finds that the iFIT 

Respondents, among others, violated 

section 337. On November 18, 2022, the 

Commission determined to review the 

final ID in part. See Comm’n Notice 

(Nov. 18, 2022), 87 FR 72510, 72510–12 

(Nov. 25, 2022). 

On March 8, 2023, the Commission 

affirmed with certain modifications the 

final ID’s findings that there was a 

violation of section 337 by the iFIT 

Respondents as to claims 16, 17, and 20 

of the ’554 patent; claims 10, 11, 14, and 

15 of the ’555 patent; and claims 1 and 

4 of the ’156 patent, and reversed the 

final ID’s finding of a violation as to the 

’564 patent. See Comm’n Notice (Mar. 8, 

2023); Comm’n Op. (Mar. 23, 2023) 

(Public Version). The Commission 

determined that the appropriate form of 

relief was a limited exclusion order 

(‘‘LEO’’) and cease and desist orders 

(‘‘CDOs’’) against the iFIT Respondents, 

among others. Comm’n Notice (Mar. 8, 

2023), 88 FR 15736–38 (Mar. 14, 2023). 

On May 5, 2023, the Commission 

modified the remedial orders. Comm’n 

Notice (May 5, 2023), 88 FR 30158–160 

(May 10, 2023). 

On September 11, 2023, DISH filed a 

complaint requesting that the 

Commission institute an enforcement 

proceeding under Commission Rule 

210.75, 19 CFR 210.75, to investigate 

alleged violations of the LEO and CDOs 

by the iFIT Respondents as to claims 16, 

17, and 20 of the ’554 patent and claims 

10, 11, 14, and 15 of the ’555 patent. 

Having examined the enforcement 

complaint and the supporting 

documents, the Commission has 

determined to institute an enforcement 

proceeding, pursuant to Commission 

Rule 210.75(a), 19 CFR 210.75(a), to 

determine whether a violation of the 

LEO and CDOs issued on March 8, 2023, 

in the original investigation has 

occurred and to determine what, if any, 

enforcement measures are appropriate. 

The named respondents are the iFIT 

Respondents. OUII is also named as a 

party. 

The Commission vote for this 

determination took place on October 11, 

2023. 

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. 

Dated: October 11, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–22793 Filed 10–16–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

Certain Mobile Phones, Components 

Thereof, and Products Containing Same, 

DN 3698; the Commission is soliciting 

comments on any public interest issues 

raised by the complaint or 

complainant’s filing pursuant to the 

Commission’s Rules of Practice and 

Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 


lotter on DSK11XQN23PROD with NOTICES1