On August 22, 2012, the International Trade Commission (“Commission”) issued a notice determining to review ALJ Robert K. Roger’s July 10, 2012 initial determination (“ID”) granting Respondents’ motion for summary determination of no importation and terminating the investigation in Certain Drill Bits and Products Containing Same  (Inv. No. 337-TA-844).

By way of background, this investigation was based on an April 25, 2012 complaint filed by Boart Longyear Company and Longyear TM, Inc.—against Boyles Bros Diamantina S.A. of Peru, Christensen Chile S.A. of Chile, Diamantina Christensen Trading Inc. of Panama, and Intermountain Drilling Supply Corp. of West Valley City, Utah for alleged infringement of U.S. Patent Nos. 7,828,090; 7,874,384; and/or 8,051,929 relating to certain drill bits and products containing same.  See our April 26, 2012 post for more details.

According to the notice, the Commission reviewed and affirmed ALJ Roger’s grant of summary determination of no importation, however the Commission did not adopt any statements in the ID to the effect that the determination was based on jurisdictional grounds.  Instead, the Commission found that the ALJ’s determination appropriately considered the merits and affirmed the determination on those merits.  The Commission therefore terminated this investigation but stated that Complainants may re-file their complaint if they can allege that Respondents import the subject drill bit products into the United States, sell them for importation, or sell them within the U.S. after the asserted patents issued.