The investigation
The Commission instituted Certain Hydrodermabrasion Systems and Components Thereof, Inv. No. 337-TA-1408, on July 17, 2024 (89 FR 58188-89) on a complaint by HydraFacial LLC, formerly Edge Systems LLC, of Long Beach, California, alleging infringement of certain claims of U.S. Patent 11,865,287. The respondents were Cartessa Aesthetics, LLC of Melville, New York and Eunsung Global Corp. of the Republic of Korea. Eunsung left the investigation on a consent order on January 21, 2025.
On March 23, 2026, the Commission terminated the investigation with a final determination finding a violation of section 337 by Cartessa as to claims 11, 12, 14, 16, 18, 19, 22, 24, and 25 of the '287 patent (91 FR 14713-714). It suspended enforcement of the remedial orders because the patent would expire on March 29, 2026, during the 60-day period of Presidential review under 19 U.S.C. 1337(j).
The appeal and the vacatur
Cartessa appealed. After the patent expired, the remedial orders were no longer in effect by their terms, and Cartessa moved to consolidate its appeals, dismiss them as moot, and vacate the final determination. The Commission did not oppose. HydraFacial, an intervenor, opposed vacatur, citing potential collateral consequences in proceedings before the Patent and Trademark Office. On July 23, 2026, in a nonprecedential order, the Federal Circuit dismissed the appeals as moot, vacated the final determination, and remanded with instructions to "dismiss the investigation as moot" (Cartessa Aesthetics, LLC v. International Trade Commission, Nos. 2026-1582, 2026-1881). The mandate issued September 15, 2026. Because the investigation had already been terminated, the Commission's notice confirms that it is terminated as moot and that the final determination was vacated under the Federal Circuit's order.
What to watch next
The notice confirms that the investigation is terminated as moot.