On November 2, 2016, Pacific Biosciences of California, Inc. of Menlo Park, California (“PacBio”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Oxford Nanopore Technologies Ltd. of the United Kingdom, Oxford Nanopore Technologies, Inc. of Cambridge, Massachusetts, and Metrichor, Ltd. of the United Kingdom (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain single-molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same that infringe one or more claims of U.S. Patent No. 9,404,146 (“the ’146 patent”).

According to the complaint, the ’146 patent generally relates to methods for sequencing nucleic acid molecules using a novel nucleic acid template that improves the accuracy of the sequence information. Specifically, the ’146 patent relates to a technique for sequencing double-stranded nucleic acid templates that are linked at one end which—by virtue of the base-paring rules that apply to nucleic acids—overcomes a long-standing accuracy problem typical for methods that sequence only a single DNA molecule at a time.

In the complaint, PacBio states that the Proposed Respondents import and sell products that infringe the ’146 patent. The complaint specifically refers to MinION and PromethION devices, reagents, software, and various consumables used with same as infringing products.

Regarding domestic industry, PacBio states that its own SMRT® sequencing platform and associated instruments, reagents, consumables, software, and support services are covered by claims of the ’146 patent. PacBio further states that it has made significant investments in plant and equipment in the U.S. and is engaged in the significant employment of labor and capital in the U.S. with respect to its domestic industry products. PacBio cites to a confidential declaration submitted with its complaint to support its domestic industry allegations.

With respect to potential remedy, PacBio requests that the Commission issue a limited exclusion order and cease-and-desist order directed at the Proposed Respondents and others acting on their behalf.