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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices Notice is hereby given that the U.S. International Trade Commission has determined to terminate the investigation on remand from the U.S. Court of Appeals for the Federal Circuit Federal Circuit due to mootness.

SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202
7082310. General information concerning the Commission may also be obtained by accessing its internet server at http www.usitc.gov. The public record for this investigation may be viewed on the Commissions electronic docket EDIS at http edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commissions TDD terminal on 202
2051810.
The Commission instituted this investigation on May 26, 2016, based on a complaint filed on behalf of Razor USA LLC of Cerritos, California; and Inventist, Inc.
and Shane Chen, both of Camas, Washington collectively, Razor. 81
FR 3354849. The complaint alleged, inter alia, violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent No.
8,738,278 the 278 patent. The Commissions notice of investigation named twenty-eight respondents. The Office of Unfair Import Investigations OUII also participated in the investigation. Id. Nine respondents the remaining respondents remained active in the investigation after every other respondent had been terminated from the investigation based on a consent order, good cause, or else had been found in default. These remaining respondents included Hangzhou Chic Intelligent Co., Ltd. Chic of Hangzhou, China; Swagway, LLC
Swagway of South Bend, Indiana;
Modells Sporting Goods, Inc.
Modells of New York City, New York; Powerboard a.k.a. Optimum Trading Co. Powerboard of Hebron, Kentucky; United Integral, Inc. dba Skque Products of Irwindale, California;
Alibaba Group Holding Ltd. of Causeway Bay, Hong Kong and Alibaba.com Ltd. of Hangzhou, China collectively, Alibaba; Jetson Electric Bikes LLC Jetson of New York City, New York; and Newegg, Inc.
Newegg of City of Industry, California. On the same day that the Commission instituted this
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investigation, Razor sought reissue of the asserted 278 patent.
On May 26, 2017, the presiding administrative law judge ALJ issued a final ID finding no violation of section 337. The ID found that none of the remaining respondents accused products infringes the asserted 278
patent claims, but that all of the defaulting respondents accused products infringe the asserted claims based on allegations in the complaint.
The ID also found that the technical prong of the domestic industry requirement was not satisfied.
On July 28, 2017, the Commission determined to review 1 the IDs finding that the Commission has no jurisdiction over Alibaba, and 2 the IDs analysis of infringement by the defaulting respondents. See Commn Notice of Review July 28, 2017. On review, the Commission determined to 1 take no position on the IDs finding that it has no jurisdiction over Alibaba;
and 2 vacate the IDs infringement finding as to the defaulting respondents as moot in view, inter alia, of the domestic industry determination. Id. at 34. The Commission determined not to review the remainder of the ID and therefore issued its final determination of no Section 337 violation and terminated the investigation. Id.
Razor timely appealed the Commissions final determination to the Federal Circuit. During the appeal, the reissue application was allowed with amended claims that the Commission and Intervenor/respondent Chic argued, via a motion to dismiss, were not substantially identical to the original claims on appeal, and therefore the appeal should be dismissed as moot under 35 U.S.C. 252.
On October 16, 2018, the Federal Circuit issued an order and mandate that remanded the investigation to the Commission for further proceedings consistent with its ruling. See Razor USA LLC v. ITC, Case No. 20172591, Remand Order at 4 Oct. 16, 2018.
Specifically, the Court deemed it appropriate for the Commission to have the first opportunity to determine whether the post-investigation events have rendered the case moot or whether the case may continue either on the original patent claims or reissued claims and to conduct any additional proceedings as necessary. Id.
On November 13, 2018, the Commission issued an Order requesting the parties to provide comments concerning what further proceedings are appropriate consistent with the Courts judgment, including whether the matter should be referred to the ALJ. On November 27, 2018, Razor submitted
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comments, six respondents Chic, Swagway, Modells, Jetson, Powerboard, and New Egg filed a joint submission, and Alibaba filed a separate submission.
On December 4, 2018, OUII submitted comments. On December 10, 2018, these parties submitted response comments.
On September 19, 2019, the Commission issued an Order requesting the parties to provide written responses regarding specific questions concerning the effect of the patent reissue. Razor, Jetson, four respondents Chic, Swagway, Modells, and Newegg, and OUII each filed a submission. Each of these parties, except Jetson, filed a reply. On November 18, 2019, Jetson filed a reply to Razors reply, but which also addressed Razors initial submission. The Commission has determined to accept that submission, but only as to the portion that responds to Razors initial submission.
Having examined the record of this investigation, including the Federal Circuits Remand Order and the parties subsequent briefing, the Commission terminates this investigation as moot pursuant to the Remand Order. The Commission has issued an opinion explaining the basis for the Commissions determination.
The Commission vote for this determination took place on January 22, 2021.
The authority for the Commissions 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 Commissions Rules of Practice and Procedure, 19 CFR part 210.
By order of the Commission.
Issued: January 22, 2021.
Lisa Barton, Secretary to the Commission.
FR Doc. 202101844 Filed 12721; 8:45 am BILLING CODE 702002P

DEPARTMENT OF JUSTICE
Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993Subcutaneous Drug Development & Delivery Consortium, Inc.
Notice is hereby given that, on January 08, 2021, pursuant to Section 6a of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. the Act, Subcutaneous Drug Development &
Delivery Consortium, Inc.
Subcutaneous Drug Development &

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