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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
7085453. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commissions 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 Commissions TDD terminal on 202
2051810.
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 Commissions 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-Rads 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-Rads infringing microfluidic systems and a
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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 Commissions final determination.
Bio-Rad Laboratories, Inc. v. Intl Trade Commn, 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 Commissions remedial orders under 19 U.S.C. l337k and Commission Rule 210.76a 19 CFR
210.76a. On August 9, 2021, OUII
filed a response in support of 10X and Bio-Rads rescission petition.
The Commission has determined that the petition complies with Commission rules, see 19 CFR 210.76a3, 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 Commissions vote on this determination took place on August 25, 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 210.
By order of the Commission.
Issued: August 25, 2021.
Katherine Hiner, Supervisory Attorney.
FR Doc. 202118664 Filed 82721; 8:45 am BILLING CODE 702002P

INTERNATIONAL TRADE
COMMISSION
Investigation No. 337TA1104
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 U.S. International Trade Commission.
ACTION: Notice.
AGENCY:

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
SUMMARY:

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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
2053228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commissions 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 Commissions TDD terminal on 202
2051810.
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 Tektronixs unopposed motion to terminate the investigation in its entirety based on withdrawal of the
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