83 FR 22515 - Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 9, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Syneron Medical Ltd. of Israel; Candela Corporation of Wayland, Massachusetts; and Massachusetts General Hospital of Boston, Massachusetts. A supplement was filed on April 27, 2018. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain radio frequency micro-needle dermatological treatment devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,510,899 (``the '899 patent'') and U.S. Patent No. 9,095,357 (``the '357 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22515-22516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10240]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1112]


Certain Radio Frequency Micro-Needle Dermatological Treatment 
Devices and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 9, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Syneron Medical 
Ltd. of Israel; Candela Corporation of Wayland, Massachusetts; and 
Massachusetts General Hospital of Boston, Massachusetts. A supplement 
was filed on April 27, 2018. The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain radio frequency micro-needle 
dermatological treatment devices and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 9,510,899 (``the '899 
patent'') and U.S. Patent No. 9,095,357 (``the '357 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as supplemented, except for any confidential 
information contained therein, is available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the

[[Page 22516]]

Secretary, U.S. International Trade Commission, 500 E Street SW, Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at https://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 9, 2018, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain radio 
frequency micro-needle dermatological treatment devices and components 
thereof by reason of infringement of one or more of claims 1, 2, 4, 9-
11, 15, 20, and 21 of the '899 patent and claims 1, 2, 4, 9-12, 17, and 
18 of the '357 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Syneron Medical Ltd., Tavor Building, Industrial Zone, Yokneam lllit, 
20692, Israel
Candela Corporation, 530 Boston Post Road, Wayland, MA 01778
General Hospital Corporation d/b/a, Massachusetts General Hospital, 55 
Fruit Street, Boston, MA 02114

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Invasix, Inc., 21084 Bake Parkway, Suite 106, Lake Forest, CA 92618
Invasix, Ltd., Apolo Building, Shaar Yokneam, Yokneam, 20692, Israel
Inmode Md, Ltd., 20996 Bake Parkway, Suite 106, Lake Forest, CA 92630
Ilooda Co., Ltd., 37-1 Imok-dong, Imok-dong, Jangan-gu, Suwon-si, 
Gyeonggi-do, Republic of Korea
Cutera, Inc., 3240 Bayshore Boulevard, Brisbane, CA 94005
Emvera Technologies, LLC, 641 10th Street, Cedartown, GA 30125
Rohrer Aesthetics, LLC, 105 Citation Court, Homewood, AL 35209
Lutronic, Corp., Lutronic Center, 219 Sowon-ro, Deogyang-gu, Goyang-si, 
Geonggi-do, Republic of Korea
Lutronic, Inc., 19 Fortune Drive, Billerica, MA 01821
Endymed Medical Inc., 790 Madison Avenue, Suite 402, New York, NY 10065
Endymed Medical Ltd., 12 Leshem Street, North Industrial Park, 
Caesarea, 30889 Israel
Sung Hwan E&B Co., Ltd. d/b/a SHEnB Co., Ltd., 148 Seongsui-Ro, 
Soengdong-Gu, Seoul 04796, Republic of Korea
Aesthetics Biomedical, Inc., 4602 N 16th Street, Suite 300, Phoenix, AZ 
85016
Cartessa Aesthetics, 210 Peoples Way, Hockessin, DE 19707-1904
Jeisys Medical, Inc., 307 Daeryung Techno Town 8th, Gamasan-ro 96, 
Geumcheon-Gu, Seoul, 153-775, Republic of Korea
Perigee Medical LLC, 2227 N Macarthur Dr., Tracy, CA 95376-2830
Lumenis Ltd., Yokneam Industrial Park, Hakidma 6, Yokneam 2069204, 
Israel
Pollogen Ltd., 6 Kaufman Yehezkel, Tel Aviv-Jaffa, 6801298, Israel

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 9, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-10240 Filed 5-14-18; 8:45 am]
 BILLING CODE 7020-02-P