Federal Register - August 30, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 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. 202118651 Filed 82721; 8:45 am BILLING CODE 431252P
INTERNATIONAL TRADE
COMMISSION
No. 337TA1068 Rescission
Certain Microfluidic Devices Investigation; Notice of the Commissions Determination To Institute a Rescission Proceeding; To Rescind Permanently a Limited Exclusion Order and a Cease and Desist Order; Termination of Rescission 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 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
2053427. 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.
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SUMMARY:
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Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commissions TDD terminal on 202
2051810.
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 Commissions 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 10Xs 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 10Xs 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 Commissions final determination. Bio-
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Rad Labs., Inc. v. Intl Trade Commn, 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 Commissions remedial orders under section 337k 19 U.S.C. 1337k and Commission Rule 210.76a 19 CFR
210.76a. 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 210.76a3, 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 CDOs. 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. 202118654 Filed 82721; 8:45 am BILLING CODE 702002P
INTERNATIONAL TRADE
COMMISSION
Investigation N. 337TA1100 Rescission
Certain Microfluidic Systems and Components Thereof and Products Containing Same; Notice of the Commissions Determination To Institute a Rescission Proceeding; To Rescind Permanently a Limited Exclusion Order and a Cease and Desist Order; Termination of Rescission 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 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 SUMMARY:
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