UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, DC
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`In the Matter of
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`CERTAIN ELECTROCHEMICAL
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`GLUCOSE MONITORING SYSTEMS
`AND COMPONENTS THEREOF
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`
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`Investigation No. 337-TA-1075
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`NOTICE OF COMMISSION DETERMINATION TO EXTEND THE TARGET DATE
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`AGENCY: US. International Trade Commission.
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`ACTION:
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`Notice.
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`SUMMARY: Notice is hereby given that, in View of the shutdown of the Federal Government,
`the US. International Trade Commission has determined to extend the target date for completion
`of the above-captioned investigation until April 4, 2019.
`
`FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
`General Counsel, US. International Trade Commission, 500 E Street, SW, Washington, DC
`20436, telephone 202-205-3438. Copies of non-confidential documents filed in connection with
`this investigation are or will be available for inspection during official business hours (8:45 am.
`to 5:15 pm.) in the Office of the Secretary, US. International Trade Commission, 500 E Street,
`SW, Washington, DC 20436, telephone 202-205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server (hflsz/wwwusitcgov). The
`public record for this investigation may be viewed on the Commission’s electronic docket
`(EDIS) at hflpsM/edisusitcgov. Hearing-impaired persons are advised that information on this
`matter can be obtained by contacting the Commission’s TDD terminal on 202-205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`October 25, 2017, based on a complaint filed on September 18, 2017, on behalf of Dexcom, Inc.
`of San Diego, California (“Dexcom”). 82 Fed. Reg. 49420 (Oct. 25, 2017). The complaint
`alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, based
`upon the importation into the United States, the sale for importation, and the sale within the
`United States after importation of certain electrochemical glucose monitoring systems and
`components thereof by reason of infringement of one or more of claims of US. Patent Nos.
`9,724,045 and 9,750,460. The notice of investigation named as a respondent AgaMatrix, Inc. of
`Salem, New Hampshire (“AgaMatrix”). The Office of Unfair Import Investigations Was not
`named as a party in the investigation.
`
`On May 10, 2018, the presiding administrative law judge (“ALJ”) issued Order No. 26, granting—
`in—part a motion by AgaMatrix to strike portions of Dexcom’s expert reports. Order No. 26
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`

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`struck, in relevant part, certain portions of an expert report relating to whether the accused
`products meet the “film” term of the “enzyme-containing film” limitation of the asserted claims
`and precluded Dexcom from relying on the arguments and theories described in the struck
`portions of the expert report during the investigation.
`
`On May 17, 2018, AgaMatrix filed a motion for summary determination of non-infringement of
`the asserted patents on the basis that Dexcom cannot prove that the accused products directly or
`indirectly infringe any of the asserted claims. On May 29, 2018, Dexcom opposed the motion.
`On June 1, 2018, AgaMatrix moved for leave to file a reply in support of its motion. On June 6,
`2018, Dexcom opposed the motion for leave.
`
`On June 7, 2018, the ALJ issued the subject initial determination (“11)”) (Order No. 33), granting
`AgaMatIix’s motion for summary determination of non-infringement with respect to direct
`infringement but denying the motion with respect to indirect infringement. The ID also denied
`AgaMatrix’s motion for leave to file a reply in support of its motion and stayed the procedural
`schedule pending review of the ID.
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`On June 18, 2018, Dexcom filed a petition for review of the ID’s findings on direct infringement
`and Order No. 26. On June 25, 2018, AgaMatrix filed its opposition.
`
`On July 23, 2018, the Commission determined to review the subject ID in its entirety, as well as
`the underlying orders. Notice (July 23, 2018).
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`In View of the shutdown of the Federal Government, the Commission has determined to extend
`the target date for completion of the investigation until April 4, 2019.
`
`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 CPR. Part 210).
`
`By order of the Commission.
`
`Lisa R. Barton
`
`Secretary to the Commission
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`Issued: February 25 , 2019
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`CERTAIN ELECTROCHEMICAL GLUCOSE
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`Inv. No. 337—TA—1075
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`MONITORING SYSTEMS AND COMPONENTS THEREOF
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served to the
`following parties as indicated, on February 26, 2019.
`
`7%
`
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112
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`Washington, DC 20436
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`l:| Via Hand Delivery
`|:| Via Express Delivery
`Via First Class Mail
`El Other'
`
`CI Via Hand Delivery
`[:1 Via Express Delivery
`Via First Class Mail
`[3 Other'
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`On Behalf of Complainants Dexcom, Inc.:
`
`Kirk R. Ruthenberg, Esq.
`DENTON US LLP
`1900 K Street, NW
`_
`Washlngton, DC 20006
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`On Behalf of Respondents AgaMatrix, Inc.:
`
`Ira Jay Levy
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue, 25th Floor
`New York, NY 10018
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`