Certain Medical Imaging Devices; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 12) of the presiding administrative l...
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 12) of the presiding administrative law judge (“ALJ”) granting an unopposed motion to amend the complaint and notice of investigation to add University Health Network (“UHN”) as a co-complainant.
FOR FURTHER INFORMATION CONTACT:
B. Rashmi Borah, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2518. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at
https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the Commission may also be obtained by accessing its internet server at
https://www.usitc.gov.
Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation on February 2, 2026, based on a complaint filed by MolecuLight Inc. of Toronto, Ontario, Canada and MolecuLight Corp. of Pittsburgh, Pennsylvania (collectively, “Complainants”). 91 FR 4629-30 (Feb. 2, 2026). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain medical imaging devices by reason of the infringement of certain claims of U.S. Patent No. 10,438,356 (“the ‘356 patent”).
Id.
at 4629. The complaint further alleges that a domestic industry exists.
Id.
The notice of investigation names two respondents: (1) Kent Imaging Inc. of Calgary, Alberta, Canada; and (2) Adiuvo Diagnostics Pvt. Ltd. of Chennai, India (collectively, “Respondents”).
Id.
The Office of Unfair Import Investigations (“OUII”) is also named as a party to this investigation.
Id.
On May 8, 2026, Complainants filed a motion seeking leave to amend the complaint and notice of investigation to add the owner of the ‘356 patent, UHN, as a co-complainant in this investigation. Complainants' motion certified that neither Respondents nor OUII oppose the motion.
On May 11, 2026, the ALJ issued the subject ID (Order No. 12) granting Complainants' unopposed motion. The ID finds that Complainants' motion complies with Commission Rule 210.14(b), 19 CFR 210.14(b), and also finds that Complainants showed good cause to amend the complaint to add UHN as a co-complainant because “joinder would moot Respondents' pending motion for summary determination asserting that UHN is an indispensable party . . . and streamline discovery by avoiding international judicial process.” ID at 2. Complainants filed an amended complaint naming UHN as a co-complainant on May 12, 2026. No party filed a petition for review of the ID.
The Commission has determined not to review the subject ID. Accordingly, the complaint and notice of investigation are amended to include UHN as a co-complainant.
The Commission vote for this determination took place on May 22, 2026.
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 Practice and Procedure (19 CFR part 210).
Use this for formal legal and research references to the published document.
91 FR 31745
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Medical Imaging Devices; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation,” thefederalregister.org (May 28, 2026), https://thefederalregister.org/documents/2026-10549/certain-medical-imaging-devices-notice-of-commission-determination-not-to-review-an-initial-determination-granting-compl.