UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`In the Matter of
`
`CERTAIN ELECTROCHEMICAL 9
`GLUCOSE MONITORING SYSTEMS
`AND COMPONENTS THEREOF
`
`Investigation No. 337-TA-1075
`
`NOTICE OF COMMISSION DETERMINATION TO REVIEW AND, ON REVIEW,
`AFFIRM WITH MODIFICATIONS AN INITIAL DETERIWINATION
`GRANTING AN UNOPPOSED MOTION FOR SUMMARY DETERMINATION THAT
`COMPLAINANT SATISFIED THE ECONOIVHCPRON G
`OF THE DOMESTIC INDUSTRY REQUIREMENT
`
`AGENCY:
`
`U.S. International Trade Commission.
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`ACTION:
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`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined to review and, on review, affinn with modifications an initial determination (Order
`No. 32) granting an unopposed motion for summary determination that the complainant satisfied
`the economic prong of the domestic industry requirement.
`
`FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
`General Counsel, U.S. 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 a.m.
`to 5:15 p.m.) in the Office of the Secretary, U.S. 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 Intemet server (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. Hearing-impaired persons are advised that information on this
`matter can be obtained by contacting the Commission’s TDD terminal on 202-205-1810.
`
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`October 25, 2017, based on a complaint filed on September I8, 2017, on behalf of Dexcom, Inc.
`of San Diego, Califomia (“Dexcom”). 82 Fed. Reg. 49420 (Oct. 25, 2017). The complaint
`alleges violations ofsection 337 ofthe TariffAct of 1930, as amended, 19 U.S.C. § I337, 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 U.S. Patent Nos.
`9,724,045 and 9,750,460. The notice of investigation named as a respondent AgaMatrix, Inc. of
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`Salem, New Hampshire (“AgaMatrix”). The Office of Unfair Import Investigations was not
`named as a party in the investigation.
`
`On May 17, 2018, Dexcom filed a motion for summary determination that Dexcom satisfies the
`economic prong of the domestic industry requirement under 19 U.S.C. § 1337(a)(3)(A) and (B).
`On May 29, 2018, AgaMatrix filed a response stating that it did not oppose Dexcom’s motion
`that it satisfies the economic prong of the domestic industry requirement as of the time of the
`filing of the complaint.
`
`On June 6, 2018, the presiding administrative law judge (“ALI”) issued an initial determination
`(“ID”) (Order No. 32), granting Dexeom’s motion. The ID found that the undisputed facts
`demonstrate that the economic prong of the domestic industry requirement has been satisfied.
`No petitions for review of the ID were filed.
`
`The Commission has determined to review the subject ID and, on review, affirm the ID with
`modifications. Specifically, the Commission vacates the ID’s statement on page 4 referring to
`Dexcom’s post-complaint lease obligations and the ID’s statements on page 8 referring to
`Dexcom’s costs of goods sold. The Commission affirms the remainder of the ID.
`
`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 ofthe Commission’s Rules of Practice and
`Procedure (19 C.F.R. Part 210).
`
`By order ofthe Commission.
`
`fi%@
`
`Lisa R. Barton
`Secretary to the Commission
`
`Issued: July 5, 2018
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`CERTAIN ELECTROCHEMICAL GLUCOSE
`MONITORING SYSTEMS AND COMPONENTS THEREOF
`
`-
`
`Inv. N0. 337-TA-1075
`V
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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 July 5, 2018.
`
`On Behalf of Complainants Dexcom. Inc.:
`
`Kirk R. Ruthenberg, Esq.
`DENTON US LLP
`1900 K Street, NW
`Washington, DC 20006
`
`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
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`Cl Via Hand Delivery
`III Via Express Delivery
`Via First Class Mail
`III Other:
`
`III“Via Hand Delivery
`Cl Via Express Delivery
`Via First Class Mail
`U Other:
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`