On August 31, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Microfluidic Devices (Inv. No. 337-TA-1068).

By way of background, this investigation is based on a July 31, 2017 complaint filed by Bio-Rad Laboratories, Inc. of Hercules, California and Lawrence Livermore National Security, LLC of Livermore, California 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 microfluidic devices that infringe one or more claims of U.S. Patent Nos. 9,500,664; 9,089,844; 9,636,682; 9,649,635; and 9,126,160. See our August 4, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified 10X Genomics, Inc. of Pleasanton, California as the sole respondent in this matter.

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