On June 28, 2017, Hologic, Inc. of Marlborough, Massachusetts (“Hologic”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that FujiFilm Corp. of Japan, FujiFilm Medical Systems USA, Inc. of Stamford, Connecticut, and FujiFilm Techno Products Co., Ltd. of Japan (collectively, “FujiFilm”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain x-ray breast imaging devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,831,296 (the ’296 patent), 8,452,379 (the ’379 patent), 7,688,940 (the ’940 patent), 7,986,765 (the ’765 patent), and 7,123,684 (the ’684 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to x-ray breast imaging devices for use in digital mammography. In particular, the ’296 and ’379 patents relate to digital x-ray scanning systems and methods for imaging a patient’s breast using a combination of 2D mammography and 3D tomosynthesis modes during a single breast compression. The ’940 and ’765 patents relate to digital mammography and systems and methods for imaging a patient’s breast with x-rays. Lastly, the ’684 patent relates to a mammography system and method for imaging a patient’s breast that improves the efficiency of x-ray image processing, transmission, and/or storage by selective use of decreased effective image size.

In the complaint, Hologic states that FujiFilm imports and sells products that infringe the asserted patents. The complaint specifically refers to the FujiFilm Aspire Cristalle product as an infringing product.

Regarding domestic industry, Hologic states that it maintains its headquarters in Massachusetts and has facilities throughout the U.S. totaling over 1.5 million square feet of space. Hologic states that it designs, develops, manufactures, tests, and supports products in the U.S. that practice the asserted patents. Hologic specifically refers to its Selenia Dimensions line of products as products that practice at least one claim of each of the asserted patents.

As to related litigation, Hologic states that on June 26, 2017, it filed a complaint against FujiFilm in the U.S. District Court for the District of Connecticut alleging infringement of the asserted patents.

With respect to potential remedy, Hologic requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at FujiFilm and related entities.