48442 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–5453. 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 

February 21, 2018, the Commission 

instituted this investigation based on a 

complaint filed by 10X Genomics, Inc. 

of Pleasanton, CA (‘‘10X’’). 83 FR 7491 

(Feb. 21, 2018). The complaint alleged 

violations of section 337 of the Tariff 

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

1337, in the importation into the United 

States, the sale for importation, or the 

sale within the United States after 

importation of certain microfluidic 

systems and components thereof and 

products containing same by reason of 

infringement of one or more claims of 

U.S. Patent Nos. 9,644,204 (‘‘the ’204 

patent’’); 9,689,024 (‘‘the ’024 patent’’); 

9,695,468 (‘‘the ’468 patent’’); and 

9,856,530 (‘‘the ’530 patent’’). Id. The 

Commission’s notice of investigation 

named as the sole respondent Bio-Rad 

Laboratories, Inc. of Hercules, CA (‘‘BioRad’’). Id. The Office of Unfair Import 

Investigations (‘‘OUII’’) is participating 

in this investigation. Id. 

On July 12, 2019, the presiding 

administrative law judge issued the 

final initial determination (‘‘ID’’). The 

ID found a violation of section 337 by 

virtue of Bio-Rad’s indirect infringement 

of the ’024, the ’468, and the ’530 

patents. The ID found that 10X had not 

established a violation with respect to 

the ’204 patent. On October 17, 2019, 

the Commission determined to review 

various findings in the ID. Following its 

review, on February 12, 2020, the 

Commission found a violation of section 

337 with respect the ’024 patent; the 

’468 patent; and the ’530 patent. 85 FR 

9479 (Feb. 19, 2020). The Commission 

also found no violation of section 337 

with respect to the ’204 patent. 

Having found a violation of section 

337, and upon consideration of the 

statutory public interest factors, the 

Commission determined to issue a 

limited exclusion order prohibiting 

further importation of Bio-Rad’s 

infringing microfluidic systems and a 

cease and desist order against Bio-Rad. 

Id. On April 29, 2021, in an appeal 

initiated by Bio-Rad, the U.S. Court of 

Appeals for the Federal Circuit affirmed 

the Commission’s final determination. 

Bio-Rad Laboratories, Inc. v. Int’l Trade 

Comm’n, 996 F.3d 1302 (Fed. Cir. 2021). 

On July 26, 2021, 10X and Bio-Rad 

entered into a settlement agreement that 

resolved the disputes concerning the 

subject matter of this investigation. 

Thereafter, on July 28, 2021, 10X and 

Bio-Rad jointly petitioned for rescission 

of the Commission’s remedial orders 

under 19 U.S.C. l337(k) and 

Commission Rule 210.76(a) (19 CFR 

210.76(a)). On August 9, 2021, OUII 

filed a response in support of 10X and 

Bio-Rad’s rescission petition. 

The Commission has determined that 

the petition complies with Commission 

rules, see 19 CFR 210.76(a)(3), and that 

there are no extraordinary reasons to 

deny rescission of the remedial orders. 

Accordingly, the Commission has 

determined to institute a rescission 

proceeding and to permanently rescind 

the LEO and the CDO. The rescission 

proceeding is hereby terminated. 

The Commission’s vote on this 

determination took place on August 25, 

2021. 

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 210). 

By order of the Commission. 

Issued: August 25, 2021. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2021–18664 Filed 8–27–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1104 

(Modification)] 

Certain Multi-Domain Test and 

Measurement Instruments; Notice of 

Commission Determination To Institute 

a Modification Proceeding and Modify 

Three Consent Orders; Termination of 

the Modification Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

a modification proceeding and modify 

three consent orders issued in the 

underlying investigation to exclude 

certain products subject to a settlement 

agreement. The modification proceeding 

is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Lynde Herzbach, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3228. 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 March 

16, 2018, the Commission instituted this 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by Tektronix, Inc. of 

Beaverton, Oregon (‘‘Tektronix’’). See 83 

FR 11790 (Mar. 16, 2018). The 

complaint alleges a violation of section 

337 based upon the importation into the 

United States, sale for importation, or 

sale after importation into the United 

States of certain multi-domain test and 

measurement instruments by reason of 

infringement of certain claims of U.S. 

Patent No. 8,521,460 and U.S. Patent 

No. 8,675,719 (‘‘the Asserted Patents’’). 

Id. The notice of investigation names 

three respondents: Rohde & Schwartz 

GmbH & Co. KG of Munich, Germany; 

Rohde & Schwartz Vertriebs GmbH of 

Munich, Germany; and Rohde & 

Schwartz USA, Inc. of Columbia, 

Maryland (collectively, ‘‘R&S’’). Id at 

11791. 

On August 10, 2018, the Commission 

issued a consent order to each of the 

three respondents. Order No. 12 (Jul. 13, 

2018), unreviewed by Notice (Aug. 10, 

2018). The three consent orders prohibit 

R&S from selling for importation or 

selling after importation certain accused 

multi-domain test and measurement 

instruments that were alleged to infringe 

the asserted claims of the Asserted 

Patents. Following issuance of the 

consent orders, the investigation 

proceeded with respect to the remaining 

accused products. 

On September 17, 2018, the 

Commission terminated the 

investigation in view of the consent 

orders and Tektronix’s unopposed 

motion to terminate the investigation in 

its entirety based on withdrawal of the 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 48443 

complaint as to any remaining accused 

products. Order No. 16 (Aug. 24, 2018), 

unreviewed by 83 FR 47937–38 (Sept. 

21, 2018). 

On February 10, 2020, Tektronix and 

R&S filed a petition pursuant to 

Commission Rule 210.76 (19 CFR 

210.76) to rescind in-part the three 

consent orders with respect to certain 

covered products based on a settlement 

agreement. 

Having reviewed the petition, the 

Commission has determined that the 

petition complies with Commission 

Rule 210.76 (19 CFR 210.76), and that 

there are no extraordinary reasons to 

deny modification of the consent orders. 

Accordingly, the Commission has 

determined to institute a modification 

proceeding and to modify the three 

consent orders. Specifically, the three 

consent orders are rescinded in-part to 

the extent the orders cover R&S’s RTM 

and RTA line of oscilloscopes with a 

proposed ‘‘K37 Option’’ and to the 

extent the orders cover R&S products 

other than oscilloscopes. 

The modification proceeding is 

terminated. 

The Commission vote for this 

determination took place on August 24, 

2021. 

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: August 23, 2021. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2021–18570 Filed 8–27–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1125–NEW] 

Agency Information Collection 

Activities; Proposed Collection; 

Comments Requested; Notice of Entry 

of Limited Appearance for Document 

Assistance Before the Board of 

Immigration Appeals; and Notice of 

Entry of Limited Appearance for 

Document Assistance Before the 

Immigration Court 

AGENCY: Executive Office for 

Immigration Review, Department of 

Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Executive Office for 

Immigration Review, Department of 

Justice (DOJ), will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

October 29, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

especially on the estimated public 

burden or associated response time, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions or 

additional information, please contact 

Lauren Alder Reid, Assistant Director, 

Office of Policy, Executive Office for 

Immigration Review, 5107 Leesburg 

Pike, Suite 2500, Falls Church, VA 

22041, telephone: (703) 305–0289. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments should 

address one or more of the following 

four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agency’s 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and/or 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

1 Type of Information Collection: New 

collection. 

2 The Title of the Form/Collection: 

Notice of Entry of Limited Appearance 

for Document Assistance Before the 

Board of Immigration Appeals; and 

Notice of Entry of Limited Appearance 

for Document Assistance Before the 

Immigration Court. 

3 The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

The form numbers are EOIR–60 and 

EOIR–61, Executive Office for 

Immigration Review, United States 

Department of Justice. 

4 Affected public who will be asked or 

required to respond, as well as a brief 

abstract: Primary: Attorneys and 

Representatives; Pro Se Respondents in 

proceedings before EOIR. Other: None. 

Abstract: This information collection is 

necessary to allow an attorney or 

representative to notify the Board or the 

Immigration Court that he or she is 

entering a limited appearance to assist 

a pro se respondent with a legal filing 

or other document to be filed with 

EOIR. Pursuant to the Notice of 

Proposed Rulemaking, Professional 

Conduct for Practitioners—Rules and 

Procedures, and Representation and 

Appearances, 85 FR 61640 (Sept. 30, 

2020), the agency indicated that it 

intended to revise in accordance with 

the rulemaking the currently approved 

Form EOIR–26, Notice of Appeal from a 

Decision of an Immigration Judge; Form 

EOIR–27, Notice of Entry of Appearance 

as Attorney or Representative Before the 

Board of Immigration Appeals; and 

Form EOIR–28, Notice of Entry of 

Appearance as Attorney or 

Representative Before the Immigration 

Court. However, after further 

consideration, the agency has 

determined that a separate stand-alone 

form for the entry of a limited 

appearance before each adjudicatory 

component would be the most 

appropriate method for the collection of 

this information. The separate forms 

EOIR–60 and EOIR–61 are intended to 

provide greater clarity to the 

practitioners using the forms, the pro se 

respondents who are only engaging with 

the practitioners in a limited capacity, 

and for the EOIR staff processing the 

forms. 

5 An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: At this time, it is difficult for 

EOIR to estimate the total receipts it will 

receive for this new collection. Pursuant 

to the NPRM, EOIR estimated the total 

receipts would be at least as many 

receipts as received for the other two 

representation forms for the entry of 

appearance before the Immigration 

Court (Form EOIR–28) and the Board of 

Immigration Appeals (Form EOIR–27). 

These forms are used for attorneys or 

representatives who wish to appear on 

behalf of a respondent in pending 

proceedings, and remain the 

representative of record for the duration 

of the case. Those forms are not used for 

limited appearance purposes, but EOIR 

expects that at least some of those 

practitioners will enter limited 

appearances to assist respondents with 

document filings. So as not to under 


khammond on DSKJM1Z7X2PROD with NOTICES