[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Page 48441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18654]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#91d4d5d8c2a2d9f4fde1d1e4e2f8e5f2bff6fee7"><span class="__cf_email__" data-cfemail="51141518026219343d211124223825327f363e27">[email protected]</span></a>. 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. 
Bio-Rad 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


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