U.S. International Trade Commission Seeks Public Comments on Remedies in Patent Case for Nasal Devices
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On January 20, 2026, the U.S. International Trade Commission (ITC) released a notice in Federal Register Volume 91, Number 12, regarding Investigation No. 337-TA-1444. The investigation concerns possible violations of Section 337 of the Tariff Act of 1930 related to the importation and sale of certain nasal devices and components.
The investigation began on March 26, 2025. Aardvark Medical Inc., based in Denton, Texas, filed the complaint. The company alleges that certain imported nasal devices infringe claims in U.S. Patent Nos. 9,750,856; 11,318,234; 11,883,009; 11,883,010; and 11,889,995.
The ITC named the following companies as respondents:
- Xiamenximier Electronic Commerce Co., Ltd. (d/b/a Cenny) – Fujian, China
- Xia Men Deng Jia E-Commerce Co., Ltd. (d/b/a Ronfnea) – Fujian, China
- Chongqing Moffy Innovation Technology Co., Ltd. – Chongqing City, China
- Guangdong XINRUNTAO Technology Co., Ltd. – Shenzhen, China
- Shenzhen Jun&Liang Media Tech Limited – Shenzhen, China
- RhinoSystems – Brooklyn, Ohio
- Spa Sciences LP – Port St. Lucie, Florida
The Commission determined that the Office of Unfair Import Investigations would not participate in the investigation.
Key developments include:
- On June 17, 2025, the Commission approved a name correction for respondent Spa Sciences LP to Michael Todd Beauty LP d/b/a Spa Sciences (Order No. 9).
- On August 6, 2025, Michael Todd Beauty LP was terminated from the investigation by joint settlement agreement (Order No. 14).
- On December 4, 2025, the Commission found Cenny, Ronfnea, Moffy, Xinruntao, and Jun&Liang in default (Order No. 27, partially reviewed and affirmed).
- On December 22, 2025, RhinoSystems was also terminated from the investigation based on settlement (Order No. 28).
All remaining respondents are now in default.
On January 5, 2026, Aardvark Medical submitted a declaration under Commission Rule 210.16(c), requesting that the Commission immediately issue:
- A limited exclusion order (LEO), and
- A cease and desist order (CDO) against each defaulted respondent.
The Commission did not receive any opposing responses to this request.
The ITC is now requesting public written submissions on the following topics:
- What type of remedy, if any, should be issued.
- The impact of a potential remedy on the public interest.
- How much bond should be imposed during any President-led review period of the remedy.
The Commission will consider effects on:
- Public health and welfare
- Competitive conditions in the U.S. economy
- U.S. production of similar or competitive articles
- U.S. consumers
If any remedy is ordered, the U.S. Trade Representative will have 60 days to review it. During that time, the products may still enter the U.S. under bond.
Parties should include the following in their submissions:
- The type of remedy requested
- Proposed terms of the remedial orders
- The expiration date of the patents involved
- Harmonized Tariff Schedule of the United States (HTSUS) subheadings for the implicated products
- Names of known importers
Deadlines for submissions:
- Initial submissions are due by January 29, 2026.
- Reply submissions are due by February 5, 2026.
- No additional submissions will be accepted unless the Commission states otherwise.
Documents must be filed electronically according to 19 CFR 210.4(f).
Confidential documents must be marked accordingly. Non-confidential versions must be available to the public online through the Commission’s Electronic Docket Information System (EDIS).
The Commission made its decision to request these submissions on January 14, 2026.
The legal authority for this notice comes from Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), and rules in 19 CFR part 210.
Issued by:
Lisa Barton
Secretary to the Commission
Date: 2026-01-15
Federal Register Doc. No.: 2026-00955
Billing Code: 7020-02-P
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