Hydrodermabrasion 337-TA-1408: vacated as moot after patent expiry
ITC confirms Investigation 337-TA-1408 is terminated as moot and its final determination vacated after the Federal Circuit remand on patent expiration. Customs note for importers.
The U.S. International Trade Commission confirms that Investigation No. 337-TA-1408, Certain Hydrodermabrasion Systems and Components Thereof, is terminated as moot and that its final determination was vacated per Federal Circuit order (91 FR 64676; FR Doc. 2026-20752), published October 9, 2026. The notice was issued October 2, 2026; the Commission vote took place October 3, 2026.
After the asserted '287 patent expired, the Federal Circuit vacated the Commission's final determination and remanded with instructions to dismiss the investigation as moot. Mandate issued September 15, 2026.
How the investigation reached vacatur
The Commission instituted the investigation on July 17, 2024 on a complaint by HydraFacial LLC f/k/a Edge Systems LLC (Long Beach, California) alleging a section 337 violation based on infringement of claims of U.S. Patent No. 11,865,287 (the '287 patent). Named respondents: Cartessa Aesthetics, LLC (Melville, New York) and Eunsung Global Corp. (Republic of Korea). The Office of Unfair Import Investigations did not participate. Docket materials are on EDIS.
- Eunsung terminated. Consent order (Order No. 19, Dec. 19, 2024), unreviewed January 21, 2025.
- March 23, 2026 final determination. Commission found a section 337 violation by Cartessa as to the asserted '287 claims (91 FR 14713-714, Mar. 26, 2026) but suspended enforcement of remedial orders because the '287 patent would expire March 29, 2026 during the 60-day Presidential review period.
- Appeal and patent expiry. Cartessa appealed. While the appeal was pending, the patent expired and the remedial orders were no longer in effect by their terms. Cartessa moved to dismiss the appeal as moot and vacate the Commission opinion; the Commission did not oppose; HydraFacial did not oppose dismissal but opposed vacatur.
- Federal Circuit order. On July 23, 2026, the Federal Circuit vacated the Commission's final determination and remanded with instructions to "dismiss the investigation as moot" (Cartessa Aesthetics, LLC v. USITC, Appeal Nos. 26-1582, 26-1881). Mandate issued September 15, 2026.
Instituted Jul 17, 2024 · '287 patent (11,865,287) · HydraFacial v. Cartessa / Eunsung · OUII not participating
Fed. Cir. vacated Jul 23, 2026 · mandate Sep 15, 2026 · Commission vote Oct 3, 2026 · notice issued Oct 2, 2026
An expired patent and vacated determination mean no active section 337 remedial order from this investigation. Importers should still check CBP for any other exclusion orders that may apply to related products. Exclusion orders govern entry; they are separate from drawback eligibility. For another recent section 337 matter, see Apple iPhone/iPad: ITC institutes section 337 (trinamiX).
Action items
- Treat 337-TA-1408 as closed for remedial-order purposes: terminated as moot; final determination vacated.
- Check CBP for other exclusion orders before assuming hydrodermabrasion systems or components are clear of all section 337 remedies.
- Monitor EDIS only for the historical docket; this notice does not open a new investigation.
- FR Doc. 2026-20752 (91 FR 64676): ITC confirms 337-TA-1408 terminated as moot and final determination vacated per Federal Circuit order. Notice issued Oct 2, 2026; vote Oct 3; published Oct 9.
- Instituted Jul 17, 2024 on HydraFacial complaint alleging infringement of U.S. Patent No. 11,865,287. Respondents: Cartessa and Eunsung. OUII not participating. Eunsung terminated on consent order (Order No. 19).
- March 23, 2026 final determination found violation by Cartessa but suspended remedial-order enforcement because the '287 patent would expire March 29, 2026 during Presidential review.
- Federal Circuit (Appeal Nos. 26-1582, 26-1881) vacated and remanded Jul 23, 2026 with instructions to dismiss as moot; mandate Sep 15, 2026.
- No active section 337 remedial order from this investigation; still check CBP for other exclusion orders. Entry remedies are separate from drawback eligibility.
- Certain Hydrodermabrasion Systems and Components Thereof; Notice of Vacatur of the Commission's Final Determination and Mootness of the Investigation by the Federal Circuit Due to Patent Expiration (91 FR 64676; FR Doc. 2026-20752) · U.S. International Trade Commission
- Electronic Document Information System (EDIS) · U.S. International Trade Commission
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.