Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 48441 

Additional documentation has been 

received for the following resources: 

MISSISSIPPI 

Lowndes County 

South Columbus Historic District (Additional 

Documentation). Roughly bounded by 

Main and College Sts., 3rd and 4th Aves. 

South, 9th’ 15th, South 7th, and 1st Sts., 

Tombigbee R., Columbus, AD82003104 

SOUTH DAKOTA 

Lawrence County 

Lead Historic District (Boundary Increase II) 

(Boundary Decrease) (Additional 

Documentation). Roughly bounded by the 

Open Pit, Glendale Dr., West McClellan St. 

and Homestake Mine complex, Lead, 

AD100006688 

Authority: Section 60.13 of 36 CFR 

part 60. 

Dated: August 24, 2021. 

Sherry A. Frear, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

[FR Doc. 2021–18651 Filed 8–27–21; 8:45 am] 

BILLING CODE 4312–52–P 

INTERNATIONAL TRADE 

COMMISSION 

[No. 337–TA–1068 (Rescission)] 

Certain Microfluidic Devices 

Investigation; Notice of the 

Commission’s Determination To 

Institute a Rescission Proceeding; To 

Rescind Permanently a Limited 

Exclusion Order and a Cease and 

Desist Order; Termination of 

Rescission 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 rescission proceeding and rescind the 

remedial orders issued in the 

underlying investigation. The rescission 

proceeding is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Ronald A. Traud, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3427. 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 

September 6, 2017, the Commission 

instituted this investigation based on a 

complaint filed by Bio-Rad Laboratories, 

Inc. of Hercules, CA; and Lawrence 

Livermore National Security, LLC of 

Livermore, CA (collectively, ‘‘Bio-Rad’’). 

82 FR 42115 (Sept. 6, 2017). The 

complaint alleged violations of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337 (‘‘section 

337’’), based upon the importation into 

the United States, the sale for 

importation, or the sale within the 

United States after importation of 

certain microfluidic devices by reason 

of infringement certain claims of U.S. 

Patent Nos. 9,500,664 (‘‘the ’664 

patent’’); 9,089,844 (‘‘the ’844 patent’’); 

9,636,682 (‘‘the ’682 patent’’); 9,649,635 

(‘‘the ’635 patent’’); and 9,126,160 (‘‘the 

’160 patent’’). Id. The Commission’s 

Notice of Investigation named as the 

sole respondent 10X Genomics, Inc. of 

Pleasanton, CA (‘‘10X’’). Id. The Office 

of Unfair Import Investigations (‘‘OUII’’) 

was also named as a party to this 

investigation. Id. The Commission 

subsequently terminated the 

investigation as to the ’844 patent. Order 

No. 19 (Mar. 6, 2018); unreviewed by 

Notice (Apr. 16, 2018). 

On September 20, 2018, the presiding 

administrative law judge issued the 

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

ID found a violation of section 337 by 

virtue of 10X’s infringement of the ’664, 

’682, and ’635 patents. The ID found 

that 10X had not established a violation 

with respect to the ’160 patent. On 

December 4, 2018, the Commission 

determined to review various findings 

in the ID. 83 FR 63672 (Dec. 11, 2018). 

On December 18, 2019, the 

Commission found a violation of section 

337 with respect to the ’664, ’682, and 

’635 patents. 84 FR 70999 (Dec. 26, 

2019). The Commission also found no 

violation of section 337 with respect to 

the ’160 patent. Id. 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 (‘‘LEO’’) prohibiting further 

importation of 10X’s infringing 

microfluidic devices and a cease and 

desist order (‘‘CDO’’) against 10X. Id. On 

May 28, 2021, in an appeal initiated by 

Bio-Rad, the U.S. Court of Appeals for 

the Federal Circuit affirmed the 

Commission’s final determination. BioRad Labs., Inc. v. Int’l Trade Comm’n, 

998 F.3d 1320 (Fed. Cir. 2021). 

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

entered into a settlement agreement that 

resolved the disputes concerning the 

subject matter of this investigation. 

Thereafter, on July 28, 2021, Bio-Rad 

and 10X jointly petitioned for rescission 

of the Commission’s remedial orders 

under section 337(k) (19 U.S.C. 1337(k)) 

and Commission Rule 210.76(a) (19 CFR 

210.76(a)). On August 6, 2021, OUII 

filed a response in support of the 

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 CDOs. 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. 2021–18654 Filed 8–27–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation N. 337–TA–1100 (Rescission)] 

Certain Microfluidic Systems and 

Components Thereof and Products 

Containing Same; Notice of the 

Commission’s Determination To 

Institute a Rescission Proceeding; To 

Rescind Permanently a Limited 

Exclusion Order and a Cease and 

Desist Order; Termination of 

Rescission 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 rescission proceeding, rescind the 

remedial orders issued in the 

underlying investigation, and to 

terminate the rescission proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin S. Richards, Esq., Office of the 


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