82 FR 15236 - Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 57 (March 27, 2017)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 6) granting an unopposed motion to add allegations of violation of section 337 through the sale for importation, importation, or sale after importation into the United States of articles that infringe certain claims of U.S. Patent No. 9,542,527.

[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15236-15237]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05999]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1032]


Certain Single-Molecule Nucleic Acid Sequencing Systems and 
Reagents, Consumables, and Software for Use With Same Commission 
Determination Not To Review an Initial Determination Granting an 
Unopposed Motion To Amend the Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 6) granting an unopposed motion to add allegations 
of violation of section 337 through the sale for importation, 
importation, or sale after importation into the United States of 
articles that infringe certain claims of U.S. Patent No. 9,542,527.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 8, 2016, based on a complaint filed by Pacific Biosciences 
of California, Inc. of Menlo Park, California (``PacBio''). 81 FR 
88703-04 (Dec. 8, 2016). The complaint alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain single-
molecule nucleic acid sequencing systems and reagents, consumables, and 
software for use with same by reason of infringement of certain claims 
of U.S. Patent No. 9,404,146 (``the '146 patent''). Id. at 88704. The 
notice of investigation named as respondents Oxford Nanopore 
Technologies Ltd. of Oxford, United Kingdom; Oxford Nanopore 
Technologies, Inc. of Cambridge, Massachusetts; and Metrichor, Ltd. of 
Oxford, United Kingdom (collectively, ``Respondents''). Id. The Office 
of Unfair Import Investigations (``OUII'') also was named as a party to 
the investigation. Id.
    On February 3, 2017, PacBio filed a motion to amend the complaint 
and notice of investigation to add allegations of violation of section 
337 through the sale for importation, importation, or sale after 
importation into the United States of articles that infringe claims 1 
and 3-11 of U.S. Patent No. 9,542,527 (``the '527 patent''). 
Specifically, PacBio sought to add allegations that Respondents 
directly infringe, contributorily infringe, and/or induce the 
infringement of the asserted claims of the '527 patent. Respondents and 
OUII did not oppose the motion.
    On February 21, 2017, the presiding administrative law judge 
(``ALJ'') issued an ID, Order No. 6, granting the motion to amend the 
complaint and notice of investigation. The ALJ found good cause for the 
amendment. The ALJ found that PacBio could not have asserted the '527 
patent when it filed the original complaint because the '527 patent was 
issued after institution of the investigation, and that PacBio sought 
to add the allegations relating to the '527 patent soon after its 
issuance. The ALJ also found that the amendment would not prejudice the 
public interest or the parties. The ALJ found that (1) the '527 patent 
involves the same technology as the '146 patent; (2) the '527 and '146 
patents are related, claim priority to the same provisional 
application, name the same inventors, and share a substantially 
identical specification; and (3) PacBio represents that the accused 
products and domestic industry products for the '527 and '146 patents 
are identical, obviating the need for excessive additional discovery. 
The ALJ also found that the amendment was in the public interest 
because litigating the '527 and '146 patents in separate investigations 
would waste judicial and public resources. No petitions for review of 
the ID were filed.
    The Commission has determined not to review the subject ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of

[[Page 15237]]

Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: March 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-05999 Filed 3-24-17; 8:45 am]
 BILLING CODE 7020-02-P