On May 26, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Digital Cameras, Software, and Components Thereof (Inv. No. 337-TA-1059).

By way of background, this investigation is based on an April 10, 2017 complaint filed by Carl Zeiss AG of Germany and ASML Netherlands B.V. of the Netherlands alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain digital cameras, software, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,301,440; 6,463,163; 6,714,241; 6,731,335; 6,834,128; 7,297,916; and 7,933,454. See our April 28, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Nikon Corp. of Japan, Sendai Nikon Corp. of Japan, Nikon Inc. of Melville, New York, Nikon (Thailand) Co., Ltd. of Thailand, Nikon Imaging (China) Co., Ltd. of China, and PT Nikon Indonesia of Indonesia as the respondents in this matter.

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in the investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that MaryJoan McNamara will be the presiding Administrative Law Judge in this matter.