8938 Federal Register / Vol. 90, No. 22 / Tuesday, February 4, 2025 / Notices 

raised by the recommended relief 

should the Commission find a violation, 

specifically: a limited exclusion order 

directed to certain capacitive discharge 

ignition systems, components thereof, 

and products containing the same 

imported, sold for importation, and/or 

sold after importation by respondents 

MOTORTECH GmbH and MOTORTECH 

Americas, LLC; and cease and desist 

orders directed to MOTORTECH 

Americas, LLC. Parties are to file public 

interest submissions pursuant to 19 CFR 

210.50(a)(4). 

The Commission is interested in 

further development of the record on 

the public interest in this investigation. 

Accordingly, members of the public and 

interested government agencies are 

invited to file submissions of no more 

than five (5) pages, inclusive of 

attachments, concerning the public 

interest in light of the ALJ’s 

Recommended Determination on 

Remedy and Bonding issued in this 

investigation on January 28, 2025. 

Comments should address whether 

issuance of the recommended remedial 

orders in this investigation, should the 

Commission find a violation, would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) explain how the articles potentially 

subject to the recommended remedial 

orders are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the recommended orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or thirdparty suppliers have the capacity to 

replace the volume of articles 

potentially subject to the recommended 

orders within a commercially 

reasonable time; and 

(v) explain how the recommended 

orders would impact consumers in the 

United States. 

Written submissions must be filed no 

later than by close of business on 

February 27, 2025. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above pursuant to 19 CFR 

210.4(f). Submissions should refer to the 

investigation number (‘‘Inv. No. 337– 

TA–1390’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding filing 

should contact the Secretary (202–205– 

2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. Any non-party 

wishing to submit comments containing 

confidential information must serve 

those comments on the parties to the 

investigation pursuant to the applicable 

Administrative Protective Order. A 

redacted non-confidential version of the 

document must also be filed 

simultaneously with any confidential 

filing and must be served in accordance 

with Commission Rule 210.4(f)(7)(ii)(A) 

(19 CFR 210.4(f)(7)(ii)(A)). All 

information, including confidential 

business information and documents for 

which confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this investigation may be 

disclosed to and used: (i) by the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. appendix 3; or (ii) by U.S. 

government employees and contract 

personnel, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. All nonconfidential written 

submissions will be available for public 

inspection on EDIS. 

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: January 30, 2025. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2025–02206 Filed 2–3–25; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1368] 

Certain Vaporizer Devices, Cartridges 

Used Therewith, and Components 

Thereof; Notice of Final Determination 

Finding a Violation of Section 337; 

Issuance of a Limited Exclusion Order 

and Cease and Desist Orders; 

Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined that 

respondents (1) NJOY, LLC of Phoenix, 

Arizona; (2) NJOY Holdings, Inc. of 

Scottsdale, Arizona; (3) Altria Group, 

Inc. of Richmond, Virginia; (4) Altria 

Group Distribution Company of 

Richmond, Virginia; and (5) Altria 

Client Services LLC of Richmond, 

Virginia (collectively, ‘‘NJOY’’) have 

violated section 337, by importing, 

selling for importation, or selling within 

the United States after importation 

certain vaporizer devices, cartridges 

used therewith, and components thereof 

that infringe claims 1 and 15 of U.S. 

Patent No. 11,134,722 (‘‘the ’722 

patent’’), claims 1 and 8 of U.S. Patent 

No. 11,606,981 (‘‘the ’981 patent’’), 

claims 27 and 32 of U.S. Patent No. 

10,130,123 (‘‘the ’123 patent’’), and 

claims 1 and 4 of U.S. Patent No. 

10,709,173 (‘‘the ’173 patent’’). The 

Commission has determined that the 

appropriate remedies are a limited 

exclusion order (‘‘LEO’’) against NJOY’s 

infringing products and cease and desist 

orders (‘‘CDOs’’) against each of the 

NJOY respondents. The Commission has 

also determined to impose no bond 

(zero percent bond) for importations of 

the excluded articles imported during 

the period of Presidential review. This 

investigation is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Hadorn, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3179. 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 


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Federal Register / Vol. 90, No. 22 / Tuesday, February 4, 2025 / Notices 8939 

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, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on August 7, 2023, based on a complaint 

filed by JUUL Labs, Inc. of Washington, 

DC and VMR Products LLC of San 

Francisco, California (together, ‘‘JLI’’). 

88 FR 52207 (Aug. 7, 2023). The 

complaint, as supplemented, 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, and/or the sale 

within the United States after 

importation of certain vaporizer devices, 

cartridges used therewith, and 

components thereof by reason of 

infringement of certain claims of U.S. 

Patent Nos. RE49,114 (‘‘the ’114 

patent’’), the ’722 patent, the ’981 

patent, the ’123 patent, and the ’173 

patent. Id. The complaint further alleges 

that a domestic industry (‘‘DI’’) exists. 

Id. The notice of investigation names 

the five NJOY respondents. Id. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) is also named as a party. Id. 

The Commission also directed the 

presiding administrative law judge 

(‘‘ALJ’’) to take evidence on and provide 

factual findings and a recommended 

determination concerning the public 

interest. Id. 

On April 3, 2024, the Commission 

terminated the investigation as to the 

following asserted claims based on 

partial withdrawal of the complaint: (i) 

claims 1, 5–7, 29, 30, 36, 80, 89, and 93 

of the ’114 patent; (ii) claims 16, 18, 29, 

and 31 of the ’123 patent; (iii) claims 3, 

8, 14, and 17 of the ’722 patent; and (iv) 

claims 6, 9–11, 17, and 18 of the ’981 

patent. Order No. 18 (Mar. 6, 2024), 

unreviewed by Comm’n Notice (Apr. 3, 

2024). 

On April 26, 2024, the Commission 

terminated the investigation as to the 

following asserted claims based on 

partial withdrawal of the complaint: (i) 

claims 43, 44, 76, 77, 81, and 86 (all 

remaining claims) of the ’114 patent, 

thus terminating the ’114 patent in its 

entirety; (ii) claim 14 of the ’123 patent; 

(iii) claims 2, 3, 6, 7, 15, 16, 18–25, 28, 

and 30 of the ’173 patent; (iv) claims 5, 

7, 9–13, 16, and 18–21 of the ’722 

patent; and (v) claims 2, 5, and 13–16 

of the ’981 patent. Order No. 21 (Apr. 

2, 2024), unreviewed by Comm’n Notice 

(Apr. 26, 2024). 

On June 18, 2024, the Commission 

affirmed an initial determination 

granting summary determination that 

JLI has satisfied the economic prong of 

the DI requirement as to the remaining 

asserted patents, i.e., the ’722, ’981, 

’123, and ’173, patents. Order No. 22 

(Apr. 3, 2024), aff’d by Comm’n Notice 

(June 20, 2024). 

On August 23, 2024, the ALJ issued a 

final initial determination (‘‘ID’’), which 

finds a violation of section 337 as to 

claims 1 and 15 of the ’722 patent, 

claims 1 and 8 of the ’981 patent, claims 

27 and 32 of the ’123 patent, and claims 

1 and 4 of the ’173 patent. Specifically, 

the ID finds that: (i) JLI showed that 

each of these claims have been 

infringed; (ii) NJOY failed to show that 

any of these claims is invalid; and (iii) 

JLI has satisfied the technical prong of 

the DI requirement as to each of the 

remaining asserted patents. The ID also 

includes the ALJ’s recommended 

determination (‘‘RD’’) on remedy, the 

public interest, and bonding. The RD 

recommends that, should the 

Commission determine that a violation 

of section 337 has occurred, the 

Commission should: (i) issue a LEO 

against NJOY’s infringing products; (ii) 

issue CDOs against each of the NJOY 

respondents; and (iii) impose no bond 

(zero percent bond) for importations of 

infringing products during the period of 

Presidential review. The ALJ also found 

that the statutory public interest factors 

do not support denying or delaying the 

recommended relief set forth in the RD. 

On September 23, 2024, NJOY filed a 

motion for leave to file a reply in 

support of its petition for review 

addressing certain positions taken by 

OUII in its response to NJOY’s petition. 

On September 25 and 27, 2024, 

respectively, OUII and JLI each filed a 

response opposing NJOY’s motion for 

leave. 

On October 24, 2024, the Commission 

determined to review in part the final 

ID. 89 FR 89041–44 (Nov. 12, 2024). 

Specifically, the Commission 

determined to review (i) the ID’s 

construction of the ‘‘pressure sensor’’ 

limitations (limitations 27[d] and 27[e]) 

recited in claim 27 of the ’123 patent, 

and (ii) the ID’s findings that the NJOY 

ACE accused product, the asserted RevB 

and JAGWAR iterations of the JUUL DI 

system, and the asserted JUUL2 DI 

system literally practice limitations 

27[d] and 27[e] of claim 27 of the ’123 

patent under the ID’s construction of 

those limitations. Id. at 89042. 

The Commission also determined to 

review certain of the ID’s findings 

regarding claim construction and 

satisfaction of the technical prong of the 

DI requirement with respect to the ’173 

patent. Id. In particular, the Commission 

determined to review (i) the ID’s 

construction of the terms ‘‘mouthpiece’’ 

and ‘‘disposed within’’ recited in 

asserted claim 1 of the ’173 patent, and 

(ii) the ID’s finding that the JUUL2 DI 

system practices claims 1 and 4 of the 

’173 patent. Id. 

The Commission further determined 

to reconsider its previous finding that 

JLI has satisfied the economic prong of 

the DI requirement with respect to the 

’123 and ’173 patents based on 

investments related to both the JUUL DI 

system and the JUUL2 DI system. Id. 

The Commission determined not to 

review the remaining findings in the ID, 

including the ID’s findings of a violation 

of section 337 as to the ’722 and ’981 

patents. Id. The Commission also 

determined to deny NJOY’s motion for 

leave to file a reply in support of its 

petition for review. Id. 

The Commission’s notice requested 

written submissions (i) from the parties 

on certain issues under review and (ii) 

from the parties, interested government 

agencies, and any other interested 

persons on the issues of remedy, the 

public interest, and bonding. Id. at 

89042–43. 

On November 7, 2024, JLI, NJOY, and 

OUII each filed initial briefs with 

written submissions on the issues under 

review as well as on remedy, the public 

interest, and bonding. On November 14, 

2024, JLI, NJOY, and OUII each filed 

reply briefs. Also, between November 5– 

19, 2024, the Commission received five 

submissions on the public interest from 

members of the public. 

The Commission, having reviewed the 

record in this investigation, including 

the final ID, the parties’ petitions and 

responses thereto, the parties’ briefs on 

the issues under review, remedy, the 

public interest, and bonding, and the 

public submissions on remedy, the 

public interest, and bonding, has 

determined that NJOY has violated 

section 337 by importing, selling for 

importation, or selling within the 

United States after importation certain 

vaporizer devices, cartridges used 

therewith, and components thereof that 

infringe claims 1 and 15 of the ’722 

patent, claims 1 and 8 of the ’981 patent, 

claims 27 and 32 of the ’123 patent, and 

claims 1 and 4 of the ’173 patent. 

Specifically, as to the ’123 patent, the 

Commission: (i) modifies the ID’s 

construction of the ‘‘pressure sensor’’ 

limitations (limitations 27[d] and 27[e]) 

recited in claim 27 of the ’123 patent; 

(ii) affirms with modified analysis the 

ID’s findings that the NJOY ACE 

accused product literally practices the 


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8940 Federal Register / Vol. 90, No. 22 / Tuesday, February 4, 2025 / Notices 

1A record of the Commissioners’ votes, the 

Commission’s statement on adequacy, and any 

individual Commissioner’s statements will be 

available from the Office of the Secretary and at the 

Commission’s website. 

2Commissioner David S. Johanson voted to 

conduct full reviews. 

3The Commission has found the response 

submitted on behalf of Leggett & Platt, Incorporated 

to be individually adequate. Comments from other 

interested parties will not be accepted (see 19 CFR 

207.62(d)(2)). 

‘‘pressure sensor’’ limitations of claim 

27 of the ’123 patent and thus literally 

practices claims 27 and 32 of the ’123 

patent; (iii) finds that the asserted 

JUUL2 DI system practices claims 27 

and 32 of the ’123 patent under the 

doctrine of equivalents (‘‘DOE’’) and, 

therefore, affirms with modified 

reasoning the ID’s finding that JLI has 

satisfied the technical prong of the DI 

requirement as to the ’123 patent based 

on this product; (iv) takes no position 

on whether JLI has satisfied the 

technical prong of the DI requirement as 

to the ’123 patent based on the RevB 

and JAGWAR iterations of the JUUL DI 

system; and (v) modifies Order No. 22 

to vacate and take no position on 

whether JLI has satisfied the economic 

prong of the DI requirement as to the 

’123 patent based on the JUUL DI 

system. Accordingly, the Commission 

affirms with modified reasoning the ID’s 

finding that JLI has shown a violation of 

section 337 by NJOY as to claims 27 and 

32 of the ’123 patent. 

As to the ’173 patent, the 

Commission: (i) affirms with modified 

analysis the ID’s construction of the 

term ‘‘mouthpiece’’ recited in claim 1 of 

the ’173 patent; (ii) takes no position on 

the ID’s construction of the term 

‘‘disposed within’’ recited in claim 1 of 

the ’173 patent; (iii) takes no position on 

the ID’s finding that the JUUL2 DI 

system practices claims 1 and 4 of the 

’173 patent; and (iv) modifies Order No. 

22 to vacate and take no position on 

whether JLI has satisfied the economic 

prong of the DI requirement as to the 

’173 patent based on the JUUL2 DI 

system. Accordingly, the Commission 

affirms with modified analysis the ID’s 

finding that JLI has shown a violation of 

section 337 by NJOY as to claims 1 and 

4 of the ’173 patent. 

The Commission has determined that 

the appropriate remedy is: (i) an LEO 

prohibiting the importation of certain 

vaporizer devices, cartridges used 

therewith, and components thereof that 

infringe one or more of claims 1 and 15 

of the ’722 patent, claims 1 and 8 of the 

’981 patent, claims 27 and 32 of the ’123 

patent, and claims 1 and 4 of the ’173 

patent; and (ii) CDOs against each of the 

NJOY respondents. The Commission has 

also determined that the public interest 

factors do not preclude issuance of the 

remedial orders. The Commission has 

further determined to impose no bond 

(zero percent bond) for importations of 

the excluded articles imported during 

the period of Presidential review (19 

U.S.C. 1337(j)). 

The Commission issues its opinion 

herewith setting forth its determinations 

on certain issues. This investigation is 

hereby 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 January 29, 

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: January 29, 2025. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2025–02169 Filed 2–3–25; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1140–1142 

(Third Review)] 

Uncovered Innerspring Units From 

China, South Africa, and Vietnam; 

Scheduling of Expedited Five-Year 

Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of expedited 

reviews pursuant to the Tariff Act of 

1930 (‘‘the Act’’) to determine whether 

revocation of the antidumping duty 

orders on uncovered innerspring units 

from China, South Africa, and Vietnam 

would be likely to lead to continuation 

or recurrence of material injury within 

a reasonably foreseeable time. 

DATES: December 9, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Devenney (202–205–3172), 

Office of Investigations, U.S. 

International Trade Commission, 500 E 

Street SW, Washington, DC 20436. 

Hearing-impaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (https://

www.usitc.gov). The public record for 

this proceeding may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On December 9, 2024, 

the Commission determined that the 

domestic interested party group 

response to its notice of institution (89 

FR 71414, September 3, 2024) of the 

subject five-year reviews was adequate 

and that the respondent interested party 

group response was inadequate. The 

Commission did not find any other 

circumstances that would warrant 

conducting full reviews.1 Accordingly, 

the Commission determined that it 

would conduct expedited reviews 

pursuant to section 751(c)(3) of the Act 

(19 U.S.C. 1675(c)(3)).2

For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

Staff report.—A staff report 

containing information concerning the 

subject matter of the reviews has been 

placed in the nonpublic record, and will 

be made available to persons on the 

Administrative Protective Order service 

list for these reviews on February 26, 

2025. A public version will be issued 

thereafter, pursuant to § 207.62(d)(4) of 

the Commission’s rules. 

Written submissions.—As provided in 

§ 207.62(d) of the Commission’s rules, 

interested parties that are parties to the 

reviews and that have provided 

individually adequate responses to the 

notice of institution,3 and any party 

other than an interested party to the 

reviews may file written comments with 

the Secretary on what determinations 

the Commission should reach in the 

reviews. Comments are due on or before 

5:15 p.m. on March 6, 2025, and may 

not contain new factual information. 

Any person that is neither a party to the 

five-year reviews nor an interested party 

may submit a brief written statement 

(which shall not contain any new 

factual information) pertinent to the 

reviews by March 6, 2025. However, 

should the Department of Commerce 

(‘‘Commerce’’) extend the time limit for 

its completion of the final results of its 

reviews, the deadline for comments 

(which may not contain new factual 

information) on Commerce’s final 


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