UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN FLOCKED SWABS, PRODUCTS
`CONTAINIG FLOCKED SWABS, AND
`METHODS OF USING SAME
`
` Inv. No. 337-TA-1279
`
`ORDER NO. 24:
`
`INITIAL DETERMINATION TERMINATING INVESTIGATION
`AS TO THOMAS SCIENTIFIC, LLC
`
`(November 15, 2021)
`
`On October 14, 2021, Complainants Copan Italia S.p.A. and Copan Industries, Inc.
`
`(collectively, “Copan”) and Respondent Thomas Scientific, LLC (“Thomas”) filed a joint motion
`
`(Mot. Dkt. No. 1279-020; EDIS Doc. ID 754195) to terminate this investigation as to Thomas
`
`based upon settlement.1 On October 25, 2021, the Office of Unfair Import Investigation
`
`(“Staff”) filed a response (EDIS Doc. ID 755066) supporting the joint motion. No other party
`
`filed a response to the joint motion to terminate the investigation as to Thomas.
`
`Under Commission Rule 210.21(a)(2), “[a]ny party may move at any time to terminate an
`
`investigation in whole or in part as to any or all respondents on the basis of a settlement . . . .”
`
`19 C.F.R. § 210.21(a)(2). In order to terminate the investigation on the basis of a settlement
`
`agreement, the moving party or parties must file a motion to terminate with “copies of the
`
`licensing or other settlement agreements, any supplemental agreements, any documents
`
`referenced in the motion or attached agreements, and a statement that there are no other
`
`1 In a separate motion (1279-019; EDIS Doc. ID 754187), Copan is seeking to terminate a related
`Thomas entity (Thomas Scientific, Inc.) from the investigation based upon withdrawal of allegations
`in the complaint directed to that entity.
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`PUBLIC VERSION
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`

`

`agreements, written or oral, express or implied between the parties concerning the subject matter
`
`of the investigation.” Commission Rule 210.21(b)(1) (19 C.F.R. § 210.21(b)(1)).
`
`The joint motion complies with Commission Rule 210.21. In particular, the confidential
`
`settlement agreement is attached to the motion to terminate as Exhibit B. The public version of
`
`the settlement agreement is attached to the motion to terminate as Exhibit A.2 Copan and
`
`Thomas “represent that there are no other agreements between them, whether written or oral,
`
`express or implied, relating to the subject matter of this Investigation.” Joint Motion at 2.
`
`When considering a motion to terminate based upon a settlement agreement, the
`
`Commission Rules require the Administrative Law Judge to “consider and make appropriate
`
`findings in the initial determination regarding the effect of the proposed settlement on the public
`
`health and welfare, competitive conditions in the U.S. economy, the production of like or directly
`
`competitive articles in the United States, and U.S. consumers.” 19 C.F.R. § 210.50(b)(2). Copan
`
`and Thomas submit that “termination of this Investigation as to Thomas at this stage of the
`
`proceedings poses no threat to the public interest” and “will not have any adverse impact on the
`
`public health and welfare and/or competitive conditions in the United States.” Joint Motion at 2-
`
`3. Staff notes that Section 2.5 of the settlement provides that, “[i]f Thomas Scientific issues a
`
`purchase order to Copan, which provides, inter alia, a commercially reasonable lead time for
`
`Copan to fulfill the order as requested in the purchase order, and Copan is unable to provide
`
`Thomas Scientific timely with products requested in the purchase order, in such an event
`
`Thomas Scientific shall have the ability and the authority from Copan to source the products
`
`2 The settlement agreement is attached as Attachment 1 hereto.
`
`- 2 -
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`PUBLIC VERSION
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`

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`requested in the unfulfilled purchase order(s) from another third-party . . . .”3 In view of this
`
`provision, Staff states that it “agrees that termination will not prejudice or adversely impact the
`
`public interest.” Staff Response at 2-3. The movants and Staff further note that the public
`
`interest generally favors resolving litigation through settlement so as to conserve both public and
`
`private resources. Joint Motion at 2-3; Staff Response at 2. The undersigned finds that
`
`termination of this investigation does not impose any undue burdens on the public health and
`
`welfare, competitive conditions in the United States economy, production of like or directly
`
`competitive articles in the United States, or United States consumers.
`
`Accordingly, it is the undersigned’s Initial Determination that Complainants’ unopposed
`
`motion to terminate this investigation as to Thomas (Mot. Docket No. 1279-020) is hereby
`
`GRANTED. Respondent Thomas Scientific, LLC is hereby terminated from this Investigation.
`
`This Initial Determination, along with supporting documentation, is hereby certified to
`
`the Commission. Pursuant to 19 C.F.R. § 210.42(h), this Initial Determination shall become the
`
`determination of the Commission unless a party files a petition for review of the Initial
`
`3 In its response, Staff paraphrases this portion of Section 2.5 of the Settlement Agreement.
`Although Staff’s paraphrasing of Section 2.5 is redacted in the public version of its response (EDIS
`Doc. ID 755069), the portion of Section 2.5 quoted above is not redacted in the public version of the
`Settlement Agreement.
`
`- 3 -
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`PUBLIC VERSION
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`

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`Determination pursuant to 19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R. §
`
`210.44, orders, on its own motion, a review of the Initial Determination or certain issues, herein.
`
`SO ORDERED.
`
`___________________________________
`Monica Bhattacharyya
`Administrative Law Judge
`
`- 4 -
`
`PUBLIC VERSION
`
`

`

`ATTACHMENT 1
`ATTACHMENT1
`PUBLIC
`PUBLIC
`
`

`

`SETTLEMENT AGREEMENT
`
`This Settlement and Agreement (“Agreement”) is made as of October 12, 2021
`(“Effective Date”) between Copan Italia S.p.A., of Brescia, Italy, and Copan Diagnostics
`Incorporated, of Murrieta, California (collectively, “Copan”), on the one hand, and Thomas
`Scientific, LLC, of Swedesboro, New Jersey (“Thomas Scientific”), on the other hand. As used
`in this Agreement, “Party” refers to either Copan or Thomas Scientific, and “Parties” refers to
`Copan and Thomas Scientific collectively.
`
`WHEREAS, Copan filed a complaint entitled Certain Flocked Swabs, Products
`Containing Flocked Swabs, and Methods of Using Same, in the United States International Trade
`Commission on July 9, 2021, seeking to institute an investigation, which named Thomas
`Scientific, Incorporated and Thomas Scientific, LLC as respondents; and an investigation
`pursuant to the complaint was instituted on August 27, 2021 as No. 337-TA-1297 (“ITC
`Proceeding”);
`
`WHEREAS, the ITC Proceedings concern and address the importation into the United
`States and sale after importation into the United States of flocked swab(s) and/or any product(s)
`that contain at least one imported flocked swab as packaged for commercial sale;
`
`WHEREAS, Copan and Thomas Scientific now desire to settle and resolve the dispute
`between them concerning the ITC Proceeding, on the terms and conditions set forth in this
`Agreement; and,
`
`WHEREAS, Copan and Thomas Scientific desire and agree to expand their commercial
`relationship;
`
`NOW, THEREFORE, in consideration of the above premises and the mutual agreements
`and other good and valuable consideration, the receipt and sufficiency of which are
`acknowledged by the Parties, the Parties intending to be legally bound, agrees as follows:
`
`1.0
`
`DEFINITIONS
`
`“Affiliates” means, with respect to a person, corporation, or other entity, any other
`1.1
`person, corporation or entity that directly or indirectly controls, or is controlled by, or is under
`common control with such person, corporation or entity. For the purposes of this definition,
`“control” means the ownership, directly or indirectly, of fifty percent (50%) or more of the
`voting equity of such entity, but such person, corporation, or entity shall be an Affiliate only for
`so long as such control exists.
`
`“Accused Product” means (i) any flocked swab that is imported into the United
`1.2
`States, and/or (ii) any product that, as packaged for commercial sale in the United States,
`contains at least one flocked swab that was imported in the United States.
`
`1
`EXECUTION COPY
`
`

`

`“Domestically Manufactured Products” means any flocked swab manufactured in
`1.3
`the United States, and/or any product that, as packaged for commercial sale in the United States,
`contains only flocked swab(s) that were manufactured in the United States.
`
`2.0
`
`SALE AND DISTRIBUTION OF PRODUCT
`
`No Sale or Distribution of Accused Products. Thomas Scientific agrees that as of
`2.1
`the Effective Date, Thomas Scientific and its Affiliates will cease to market, advertise, offer for
`sale, and/or distribute Accused Products, unless authorized by Copan to do so, except that
`Thomas Scientific shall be entitled to exhaust Thomas Scientific’s existing inventory of Accused
`Products. The “existing inventory,” as used in the preceding sentence, shall be the inventory of
`Accused Products in Thomas Scientific’s possession that is on-hand, or “stock” inventory as of
`the Effective Date, as well as any other supply of Accused Product(s) that are necessary to fulfill
`customer order(s) placed with Thomas Scientific prior to the Effective date but only where such
`an order can be fulfilled in its entirety and delivered to a common carrier for shipping to the
`customer in no more than thirty (30) days from the Effective Date. For clarity, this provision
`shall not apply to recurring or standing orders that cannot be fulfilled entirely within thirty (30)
`days from the Effective Date. This provision also shall not apply to orders that are fulfilled by
`Thomas with third-party products approved under Section 2.5 below. Thomas Scientific agrees
`and acknowledges that a breach of Section 2.1, following receipt of written notice of default
`from Copan and ten (10) days for Thomas Scientific to cure, shall constitute a material breach of
`the agreement.
`
`2.2 Copan Product Presence in Thomas Scientific Website Catalogue. For purposes
`of exhausting Thomas Scientific’s existing inventory of Accused Products under Section 2.1
`above, Thomas Scientific will be permitted to display on its website any catalog numbers and
`product descriptions for its existing inventory of Accused Products.
`
`
`
`Sale and Distribution of Domestically Manufactured Products. Copan agrees not
`2.3
`to seek to enjoin any third party from which Thomas Scientific and its Affiliates procure or
`source Domestically Manufactured Products. Copan further agrees that it shall not seek damages
`directly from Thomas Scientific, or its Affiliates, related to, or resulting from, a claim of patent
`infringement concerning a Domestically Manufactured Product. For clarity, this section applies
`exclusively to Thomas Scientific and its Affiliates, and shall not be construed as providing any
`benefits or rights to any other third party from which Thomas Scientific and its Affiliates procure
`
`2
`EXECUTION COPY
`
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`

`or source Domestically Manufactured Products, nor shall it be construed to exhaust or extinguish
`any available damages arising out of, or resulting from, any such third-party’s infringement of a
`patent owned or assigned to Copan.
`
`Sales and Inventory Disclosure; Requirements Forecasting. No later than seven
`2.4
`(7) days after the Effective Date, Thomas Scientific shall provide to Copan (i) sufficient data and
`information from which Copan can ascertain Thomas Scientific’s inventory (as inventory is
`defined in section 2.1) of Accused Products, as of the Effective Date and (ii) a written total,
`estimated, non-binding forecast of the number of flocked swabs Thomas expects to order for the
`ninety (90) day period beginning on and after the Effective Date.
`
`If Thomas Scientific issues a purchase order to Copan, which provides, inter alia,
`2.5
`a commercially reasonable lead time for Copan to fulfill the order as requested in the purchase
`order, and Copan is unable to provide Thomas Scientific timely with products requested in the
`purchase order, in such an event Thomas Scientific shall have the ability and the authority from
`Copan to source the products requested in the unfulfilled purchase order(s) from another third-
`party, whether or not such products are Domestically Manufactured Products, to the extent
`necessary to secure the volume and type of products that Copan was unable to fulfill, and any
`such products authorized for purchase under this Section shall be considered Domestically
`Manufactured Products. For purposes of this Section, a presumptively reasonable lead time for
`Copan to fulfill an order from Thomas Scientific in response to the receipt by Copan of a
`purchase order shall be:
`
`3.0
`
`COVENANT AND RELEASE
`
`Copan and its Affiliates covenant not to sue Thomas Scientific, its Affiliates,
`3.1
`predecessors, successors, agents, attorneys, insurers, servants, employees, officers, directors,
`distributors and customers for a claim of patent infringement concerning
`
`
`
`Copan and its Affiliates release, acquit and forever discharge Thomas Scientific,
`3.2
`together with Thomas Scientific’s Affiliates, predecessors, successors, agents, attorneys,
`insurers, servants, employees, officers, directors, distributors and customers (collectively,
`“Releasees”) from any and all actions, causes of action, claims or demands, liabilities, losses,
`damages, attorneys’ fees, court costs or other form of claim or compensation concerning or
`
`3
`EXECUTION COPY
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`

`arising from
`
`
`
`Known and Unknown Claims. Copan’s release in this Agreement extends to
`3.3
`clains that it does not know or suspect to exist in its favor and which, if known, would have
`materially affected its decisions to enter into this Settlement Agreement. Copan acknowledges
`that it is familiar with Section 1542 of the California Civil Code, which provides as follows:
`
`“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
`THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
`OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
`WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
`AFFECTED HIS OR HER SETTLEMENT TO THE DEBTOR.”
`
`Copan, having been advised by counsel, expressly waives and relinquishes any right or benefit
`that it has or may have under Section 1542 of the California Civil Code and under any other
`statute, rule or legal principle of similar effect of any jurisdiction, to the full extent that it may
`waive all such rights and benefits pertaining to the matters released in this Settlement
`Agreement.
`
`4.0
`
`TERMINATION FROM ITC PROCEEDING
`
`Promptly upon full execution of the Agreement, the Parties agree to file jointly a
`4.1
`Motion to Terminate Pursuant to Settlement Agreement, attached as Exhibit A to this
`Agreement, dismissing all allegations and claims asserted against Thomas Scientific, LLC, and
`Thomas Scientific, Incorporated in the ITC Proceeding.
`
`5.0
`
`TERM AND TERMINATION
`
`This Agreement shall not be binding on the Parties until it has been signed below
`5.1
`by both Parties, at which time it shall be deemed effective as of the Effective Date. The
`Agreement shall remain in full force and effect until April 1, 2024. At that time, the releases of
`Section 3.1, 3.2 and 3.3 shall remain in effect in perpetuity.
`
`Other than as set forth Section 5.1, this Agreement may only be terminated by
`5.2
`mutual written agreement of the Parties.
`
`6.0
`
`ASSIGNABILITY
`
`Neither Party may grant or assign any rights or delegate any duties under this
`6.1
`Agreement to any third party without the prior written consent of the other, which consent shall
`not be unreasonably withheld, delay or conditioned, and any attempted assignment without such
`consent shall be null and void; provided, however, that no such consent shall be required for an
`assignment to an Affiliate of a Party, an assignment in connection with the sale of all or
`
`4
`EXECUTION COPY
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`

`substantially all of a Party’s assets and business operations related to the subject matter of this
`Agreement, or any merger, sale of a controlling interest, change of control or reorganization of
`such Party.
`
`7.0
`
`CONFIDENTIALITY
`
`Except to the extent required by any applicable securities regulation or accounting
`7.1
`rule, the Parties agree that the terms and provisions of this Agreement shall be kept confidential,
`and shall not be disclosed in any manner. The Parties agree, however, that if asked by a third-
`party about Thomas Scientific and the ITC Proceedings, the Parties may respond that the Parties
`have amicably resolved the allegations set forth in Copan’s complaint filed at the United States
`International Trade Commission concerning the importation and sale after importation of flocked
`swabs and products containing them and that the Parties have agreed on an expanded commercial
`relationship going forward and are pleased to have reached a business resolution to the ITC’s
`investigation. Each Party shall also have the right, at its sole discretion, to issue a press release,
`subject to the terms and restrictions of this section.
`
`If either Party receives a subpoena or discovery order from a court or agency of
`7.2
`competent jurisdiction, compliance with which would require the production of this Agreement,
`the receiving Party shall give the other Party to this Agreement at least ten (10) business days
`advance notice of its intent to comply with the subpoena or discovery order, so that the non-
`receiving Party may take whatever steps it deems necessary to protect the confidentiality of this
`Agreement.
`
`8.0
`
`NOTICE
`
`All notices required or permitted to be given in accordance with this Agreement
`8.1
`shall be in writing and shall be deemed delivered (i) upon receipt if delivered by hand, (ii) the
`next business day after being sent by prepaid, nationally-recognized, overnight air courier or
`service, (iii) five (5) business days after being sent by registered or certified mail, return receipt
`requested and postage prepaid, or (iv) upon transmittal when transmitted by electronic mail with
`confirmation of receipt.
`
`8.2 All notices shall be addressed as follows:
`
`8.2.1 For Thomas Scientific, LLC:
`
`Robert Cannuscio, Esq.
`Faegre Drinker Biddle & Reath LLP
`One Logan Square, Suite 2100
`Philadelphia, PA 19103
`(215) 988-3303
`robert.cannuscio@faegredrinker.com
`
`Mr. Stanley Haas, Chief Operating
`Officer
`Thomas Scientific LLC
`1654 High Hill Road
`Swedesboro, NJ 08085
`(856) 467-2000
`stan.haas@thomassci.com
`
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`EXECUTION COPY
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`

`8.2.2 For Copan:
`
`
`
`
`
`James M. Wodarski
` Mintz Levin
`
` One Financial Center
` Boston, MA 02111
`
` 617.348.1855
`(jwodarski@mintz.com)
`
`9.0 MISCELLANEOUS
`
`Lorenzo Fumagalli, General Counsel
`Copan Group
`Via Francesco Perotti, 10, 25125
`Brescia, BS, Italia
`+39 030 2687203
`(Lorenzo.Fumagalli@copangroup.com)
`
`The Agreement may be executed in several counterparts, each of which is deemed
`9.1
`to be an original but all of which constitute one and the same instrument.
`
`Each Party and its counsel have reviewed and approved the Agreement, and
`9.2
`accordingly any presumption or rule of construction permitting ambiguities to be resolved
`against the drafting party shall not be employed in the interpretation or application of the
`Agreement.
`
`The headings inserted into this Agreement are for reference only and are not
`9.3
`intended to form any part of the operative portion of the Agreement, and they shall not be
`employed in the interpretation or application of the Agreement.
`
`The Agreement shall be construed, and the relationship of the Parties determined,
`9.4
`in accordance with the laws of the State of New York, notwithstanding any choice-of-law
`principle that might dictate the use of a different governing law.
`
`Agreement to Arbitrate. The Parties agree that any and all disputes arising out of,
`9.5
`or resulting from, or related to, this Agreement, shall be resolved through arbitration before a
`single arbitrator, under the auspices of the American Arbitration Association, and in accordance
`with the AAA Commercial Arbitration Rules. The location of the arbitration hearing shall be
`New York, New York. For clarity, the Parties understand and agree that this arbitration
`provision shall be given its broadest possible interpretation and scope.
`
`Signatures on the following page
`
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`EXECUTION COPY
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`PUBLIC VERSION
`a
`
`IN WITNESS WHEREOF, this Agreement has been duly executed by the Parties to be
`effective as of the Effective Date.
`
`
`
`COPANITALIA,S.p.A.
`
`By:
`
`Name:
`
`Its:
`
`Dated:
`
`loliz[roof
`
`Dated:
`
`
`
`7
`EXECUTION COPY
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`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`Before the Honorable Monica V. Bhattacharyya
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN FLOCKED SWABS, PRODUCTS
`CONTAINING FLOCKED SWABS, AND
`METHODS OF USING SAME
`
`Inv. No. 337-TA-1279
`
`JOINT MOTION TO TERMINATE INVESTIGATION
`AS TO THOMAS SCIENTIFIC, LLC BASED ON SETTLEMENT
`AND
`REQUEST FOR IMMEDIATE SUSPENSION OF
`RELEVANT PROCEDURAL SCHEDULE DEADLINES
`
`Pursuant to 19 U.S.C. § 1337(c) and Commission Rule 210.21(b), Complainants Copan
`
`Italia S.p.A. and Copan Industries, Inc. (“Copan” or “Complainants”) on the one hand, and
`
`Respondent Thomas Scientific, LLC (“Thomas”) on the other hand (Copan and Thomas together,
`
`the “Moving Parties”), submit this Joint Motion to Terminate Investigation No. 337-TA-1279 as
`
`to Thomas only, in view of a Settlement Agreement (the “Agreement”) between Copan and
`
`Thomas.
`
`Additionally, given certain imminent procedural schedule deadlines pertaining to Thomas,
`
`including the deadline for Thomas to respond to the Complaint, the Moving Parties also
`
`respectfully request the immediate suspension of all procedural deadlines, as to Thomas only, until
`
`adjudication of this motion to terminate.
`
`Ground Rule 3.2 Certification: The Moving Parties certify that they sought the
`
`respective positions of the non-moving Respondents and OUII Staff as to the present motion.
`
`Respondents [POSITION]. Staff [POSITION].
`
`PUBLIC VERSION
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`

`

`A true and correct copy of the Agreement, redacted to protect the disclosure of confidential
`
`business information subject to the Protective Order (Order No. 1), is attached to this submission
`
`as Public Exhibit A and an unredacted, highly confidential version is attached as Exhibit B.
`
`Contemporaneously with the filing of this Motion, the Moving Parties are also filing a Motion to
`
`Limit Service of highly confidential Exhibit B to the Commission, the ALJ, and OUII.
`
`The Agreement has been executed by Copan and Thomas, and is fully effective as between
`
`them. The Agreement contains Confidential Business Information within the meaning of 19
`
`C.F.R. § 201.6(a), including, but not limited to sensitive release language, the disclosure of which
`
`could impair parties’ ability to enter into future settlement agreements. The Agreement completely
`
`resolves the dispute between the Moving Parties in this Investigation, and reflects the entire
`
`agreement between the Moving Parties. With respect to the subject matter of this Investigation,
`
`the Moving Parties represent that there are no other agreements between them, whether written or
`
`oral, express or implied.
`
`The Moving Parties agree that termination of this Investigation on the basis of settlement
`
`as to only Thomas does not constitute a determination as to the violation of section 337 of the
`
`Tariff Act of 1930, including as to the merits of the claims or defenses raised during this
`
`Investigation. See 19 C.F.R. § 210.21(b)(2).
`
`In view of the Agreement, there no longer exists a basis upon which to continue this
`
`Investigation as to Thomas. Further, termination of this Investigation as to Thomas at this stage
`
`of the proceedings poses no threat to the public interest. To the contrary, it is in the interest of the
`
`public, and the promotion of administrative economy, to grant this motion. Commission policy
`
`and the public interest generally favor settlements, which preserve resources for both the
`
`Commission and the private parties, and motions to terminate based on settlement are routinely
`
`Investigation No. 337-TA-1279
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO THOMAS SCIENTIFIC, LLC BASED ON SETTLEMENT
`AND REQUEST FOR IMMEDIATE SUSPENSION OF RELEVANT PROCEDURAL SCHEDULE DEADLINES
`2
`
`PUBLIC VERSION
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`

`

`granted. See, e.g., Certain Digital Video-Capable Devices and Components Thereof, Inv. No. 337-
`
`TA-1224, Order No. 40 (July 13, 2021) (terminating one respondent based on settlement
`
`agreement); Certain Graphics Systems, Components Thereof, and Consumer Products Containing
`
`the Same, Inv. No. 337-TA-1044, Order No. 48 (Oct. 20, 2017) (same); Certain Computing or
`
`Graphics Systems, Components Thereof, and Vehicles Containing Same, Inv. No. 337-TA-984,
`
`Order No. 33 (May 10, 2016) (same); Certain Communications or Computing Devices and
`
`Components Thereof, Inv. No. 337-TA-925, Order No. 37 (June 5, 2015) (same); Certain
`
`Consumer Electronics with Display and Processing Capabilities, Inv. No. 337-TA-884, Order No.
`
`15 (Aug. 1, 2014) (terminating investigation based on settlement agreements among complainant,
`
`certain respondents, and a third party); Certain Consumer Electronics and Display Devices and
`
`Products Containing Same, Inv. No. 337-TA-836, Order No. 30 (January 28, 2013) (unreviewed)
`
`(terminating investigation based on settlement agreements among complainant, remaining
`
`respondents, and a third party); Certain Portable Communication Devices, Inv. No. 337-TA-827,
`
`Order No. 15 (May 31, 2012) (unreviewed) (same) (citation omitted).1
`
`Moreover, termination of this Investigation as to Thomas based on the Agreement will not
`
`have any adverse impact on the public health and welfare and/or competitive conditions in the
`
`1 See also Certain Equipment for Telecommunications or Data Communications Networks,
`Including Routers, Switches, and Hubs, and Components Thereof, Inv. No. 337-TA-574, Order
`No. 27 at 4 (May 24, 2007) (“termination of litigation under these circumstances is generally in
`the public interest as settlement avoids needless litigation and conserves public resources”);
`Certain Semiconductor Chips and Products Containing Same, Inv. No. 337-TA-753, Order No.
`62 at 2-3 (February 22, 2012) (granting joint motion to partially terminate investigation on grounds
`that termination of the investigation based on the settlement agreement would have no adverse
`impact on the public interest); Certain Video Analytics Software, Systems, Components Thereof,
`and Product Containing Same, Inv. No. 337-TA-795, Order No. 19 at 1-2 (February 23, 2012)
`(granting joint motion to terminate, and noting that “[t]he Commission has stated that ‘in the
`absence of extraordinary circumstances, termination of the investigation will be readily granted to
`a complainant during the prehearing stage of an investigation.’”) (citations omitted).
`
`Investigation No. 337-TA-1279
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO THOMAS SCIENTIFIC, LLC BASED ON SETTLEMENT
`AND REQUEST FOR IMMEDIATE SUSPENSION OF RELEVANT PROCEDURAL SCHEDULE DEADLINES
`3
`
`PUBLIC VERSION
`
`

`

`United States. Accordingly, the Administrative Law Judge is authorized to issue an initial
`
`determination terminating this investigation pursuant to 19 C.F.R. § 210.21(b).
`
`For these reasons, the Moving Parties respectfully request that the Administrative Law
`
`Judge grant this motion and issue an initial determination terminating this Investigation with
`
`respect to Thomas only based on the accompanying Agreement.
`
`Additionally, to avoid the unnecessary expenditure of resources in view of certain
`
`imminent deadlines, including the deadline for Thomas to respond to the Complaint on October
`
`15, 2021, the Moving Parties also respectfully request the immediate suspension of all procedural
`
`deadlines, as to Thomas only, until adjudication of this motion to terminate.
`
`Date: October XX, 2021
`
`Respectfully submitted,
`
`/s/ DRAFT
`Jeff Eichen
`Faegre Drinker Biddle & Reath LLP
`222 Delaware Avenue, Suite 1410
`Wilmington, Delaware 19801
`+1 302 467 4200 main
`+1 302 467 4201 fax
`thomas-itc-dist@faegredrinker.com
`
`Counsel for Respondent Thomas
`Scientific, LLC
`
`/s/ DRAFT
`James M. Wodarski
`Michael T. Renaud
`Michael C. Newman
`Peter Cuomo
`Andrew H. DeVoogd
`Daniel B. Weinger
`Sean M. Casey
`Kara E. Grogan
`MINTZ LEVIN COHN FERRIS
`GLOVSKY AND POPEO P.C.
`One Financial Center
`Boston, MA 02111
`Tel: (617) 542-6000
`Fax: (617) 542-2241
`www.mintz.com
`
`Counsel to Complainants
`Copan Italia, S.p.A. and
`Copan Industries, Inc.
`
`Investigation No. 337-TA-1279
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO THOMAS SCIENTIFIC, LLC BASED ON SETTLEMENT
`AND REQUEST FOR IMMEDIATE SUSPENSION OF RELEVANT PROCEDURAL SCHEDULE DEADLINES
`4
`
`PUBLIC VERSION
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`Before the Honorable Monica V. Bhattacharyya
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN FLOCKED SWABS, PRODUCTS
`CONTAINING FLOCKED SWABS, AND
`METHODS OF USING SAME
`
`Inv. No. 337-TA-1279
`
`APPENDIX OF EXHIBITS ACCOMPANYING THE
`JOINT MOTION TO TERMINATE INVESTIGATION
`AS TO THOMAS SCIENTIFIC, LLC BASED ON SETTLEMENT
`
`Exhibit No.
`Public Exhibit A
`
`Document Description
`Public Version of the Settlement Agreement Between Copan and
`Thomas Scientific
`
`Highly
`Confidential
`Exhibit B
`
`Highly Confidential Version of the Settlement Agreement
`Between Copan and Thomas Scientific
`
`Investigation No. 337-TA-1279
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO THOMAS SCIENTIFIC, LLC BASED ON SETTLEMENT
`AND REQUEST FOR IMMEDIATE SUSPENSION OF RELEVANT PROCEDURAL SCHEDULE DEADLINES
`5
`
`PUBLIC VERSION
`
`