On January 10, 2017, ALJ Thomas B. Pender issued Order No. 4 in Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use with Same (Inv. No. 337-TA-1032).

By way of background, this investigation is based on an October 31, 2016 complaint filed by Pacific Biosciences 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 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. See our November 3, 2016 and December 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 4, ALJ Pender set April 9, 2018 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Pender noted, inter alia, that the Markman hearing will take place on April 25, 2017; the evidentiary hearing will commence on August 4, 2017 and conclude no later than August 11, 2017; and the initial determination will be issued on December 8, 2017.