On January 15, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same (Inv. No. 337-TA-983).

By way of background, this investigation is based on a December 15, 2015 complaint filed by Energetiq Technology, Inc. of Woburn, Massachusetts alleging violation of Section 337 in the importation into the U.S. and sale of certain laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,969,841; 9,048,000; and 9,185,786.  See our December 28, 2015 post for more details on the complaint. 

According to the Notice of Investigation, the Commission has identified ASML Netherlands B.V. of the Netherlands, ASML US, Inc. of Chandler, Arizona, and Qioptiq Photonics GmbH & Co. KG of Germany as the respondents.  The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.

Lastly, Chief ALJ Bullock issued a notice indicating that David P. Shaw will be the presiding Administrative Law Judge in this matter.