On December 5, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of 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 of California, Inc. of Menlo Park, 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 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 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Oxford Nanopore Technologies Ltd. of the United Kingdom, Oxford Nanopore Technologies, Inc. of Cambridge, Massachusetts, and Metrichor, Ltd. of the United Kingdom as the respondents in this investigation.

Lastly, Chief ALJ Bullock issued a notice indicating that Thomas B. Pender will be the presiding Administrative Law Judge in this matter.