UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN FLOCKED SWABS,
`PRODUCTS CONTAINING FLOCKED
`SWABS, AND METHODS OF USING
`SAME
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`Investigation No. 337-TA-1279
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`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN
`INITIAL DETERMINATION TERMINATING INVESTIGATION AS TO CERTAIN
`CLAIMS OF THE ASSERTED PATENTS
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`U.S. International Trade Commission.
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`Notice.
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`AGENCY:
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review an initial determination (“ID”) (Order No. 37) of the presiding
`Administrative Law Judge (“ALJ”) terminating the investigation as to certain claims of the
`asserted patents.
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`FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`20436, telephone (202) 205-2392. Copies of non-confidential documents filed in connection
`with this investigation may be viewed on the Commission’s 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. 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: On September 2, 2021, the Commission instituted
`this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337,
`based on a complaint filed by Copan Italia S.p.A. and Copan Industries, Inc. (“Copan,” or
`“Complainants”). 86 FR 49343-44 (Sept. 2, 2021). The complaint alleged a violation 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 flocked swabs, products containing flocked swabs,
`and methods of using same by reason of infringement of claims 1, 6-9, 11-14, 16-19, and 21-22
`of U.S. Patent No. 9,011,358 (“the ’358 patent”); claims 1, 4-6, 8, 9, 11-13, 16-20, and 22-24 of
`U.S. Patent No. 9,173,779 (“the ’779 patent”); and claims 1, 3, 5, 7-10, 18, and 20 of U.S. Patent
`No. 10,327,741 (“the ’741 patent”). The complaint also alleged the existence of a domestic
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`industry. The notice of investigation named Han Chang Medic of Chungnam, Republic of
`Korea (“HCM”); Wuxi NEST Biotechnology Co., Ltd. of Wuxi, Jiangsu, China; NEST
`Scientific Inc. of Rahway, New Jersey; NEST Scientific USA of Rahway, New Jersey;
`Miraclean Technology Co., Ltd. of Shenzhen, Guangdong, China; Vectornate Korea Ltd. of
`Jangseong, Republic of Korea and Vectornate USA, Inc. of Mahwah, New Jersey (collectively,
`“Vectorante”); Innovative Product Brands, Inc. of Highland, California (“IPB”); Thomas
`Scientific, Inc. of Swedesboro, New Jersey (“Thomas Inc.”); Thomas Scientific, LLC of Owings
`Mills, Maryland (“Thomas LLC”); Stellar Scientific, LLC of Owings Mills, Maryland
`(“Stellar”); Cardinal Health, Inc. of Dublin, Ohio (“Cardinal”); KSL Biomedical, Inc. of
`Williamsville, New York and KSL Diagnostics, Inc. of Williamsville, New York (collectively,
`“KSL”); Jiangsu Changfeng Medical Industry Co., Ltd. of Yangzhou, Jiangsu, China; No
`Borders Dental Resources, Inc., dba MediDent Supplies of Queen Creek, Arizona (“MediDent”);
`BioTeke Corporation (Wuxi) Co., Ltd. of Wuxi, Jiangsu, China; Fosun Pharma USA Inc. of
`Princeton, New Jersey; Hunan Runmei Gene Technology Co., Ltd. of Changsha, Hunan, China
`(“Runmei”); VWR International, LLC of Radnor, Pennsylvania (“VWR”); and Slmp, LLC dba
`StatLab Medical Products of McKinney, Texas as respondents. Id. at 49343-44. The
`Commission’s Office of Unfair Import Investigations (“OUII”) is also named as a party in this
`investigation. Id. at 49344.
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`Subsequently, the investigation was terminated as to the KSL respondents; Thomas
`Inc.; Thomas LLC; Cardinal; VWR; Vectornate; IPB; and Stellar. Order No. 20 (Nov. 15,
`2021), unreviewed by Comm’n Notice (Dec. 6, 2021); Order Nos. 21-25 (all issued on Nov.
`15, 2021), unreviewed by Comm’n Notice (Dec. 6, 2021); Order No. 33, unreviewed by
`Comm’n Notice (Jan. 10, 2022). Furthermore, respondents Runmei; HCM; and MediDent
`were found in default. Order No. 27 (Nov. 15, 2021), unreviewed by Comm’n Notice (Dec.
`6, 2021); Order No. 31, unreviewed by Comm’n Notice (Jan. 10, 2022). Also, Huanchenyang
`(Shenzhen) Technology Co., Ltd. and HCY USA, LLC (“HCY USA”) were allowed to
`intervene as respondents in this investigation. Order No. 30 (Dec. 7, 2021), unreviewed by
`Notice (Jan. 6, 2021). In addition, the investigation was terminated as to claim 7 of the ’358
`patent, claims 5 and 19 of the ’779 patent, and claim 8 of the ’741 patent. Order No. 32,
`unreviewed by Comm’n Notice (Jan. 10, 2022). Furthermore, on January 24, 2022, the ALJ
`issued an ID (Order No. 35) terminating respondent HCY USA from the investigation.
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`On January 13, 2022, Complainants filed an unopposed motion to terminate the
`investigation as to claims 9 and 21 of the ’358 patent and claim 11 of the ’779 patent based on
`Copan’s withdrawal of its allegations in the complaint with respect to these claims. Mot. at
`1-2.
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`On January 28, 2022, the ALJ issued the subject ID granting the motion. The ID
`found that no extraordinary circumstances prevent terminating claims 9 and 21 of the ’358
`patent and claim 11 of the ’779 patent from this investigation. ID at 3. The ID further found
`that the termination of the investigation as to these claims is in the public interest, as public
`and private resources will be conserved. Id. (citing Certain Power Supplies, Inv. No.
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`337-TA-646, Order No. 18 (Jan. 5, 2009), unreviewed by Notice (Jan 29, 2009)). No party
`petitioned for review of the ID.
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`The Commission has determined not to review the subject ID. Accordingly, claims 9
`and 21 of the ’358 patent and claim 11 of the ’779 patent have been terminated from this
`investigation.
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`The Commission vote for this determination took place on February 16, 2022.
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`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 CFR Part 210.
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`By order of the Commission.
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` Issued: February 16, 2022
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`Lisa R. Barton
`Secretary to the Commission
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