SUPPLEMENTARY INFORMATION:

The Commission instituted this investigation on July 2, 2026, based on a complaint filed by Seer, Inc. of Redwood City, California and The Brigham and ( printed page 65597) Women's Hospital of Boston, Massachusetts (collectively, “Complainants”). 91 FR 40589-90 (July 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 on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain systems, devices, software, compositions, chemicals, and laboratory supplies for studying proteins by reason of the infringement of certain claims of U.S. Patent Nos. 11,435,360; 11,630,112; 12,050,222; 12,228,566; and 12,590,948 (collectively, the “Asserted Patents”). Id. at 40589. The complaint further alleges that a domestic industry exists. Id. The notice of investigation names only Nanomics as a respondent. Id. The Office of Unfair Import Investigations (“OUII”) is also named as a party. Id.

On September 14, 2026, Nanomics filed a notice of intent to default (“Notice”) pursuant to Commission Rule 210.16(b)(3)(i) (19 CFR 210.16(b)(3)(i)). Nanomics states that it submits its Notice after “having considered the cost and burden of continued participation in this investigation,” and without conceding “infringement, validity or [ sic] any Asserted Patent, or truth of any allegation in the Complaint.” Notice at 1. Nanomics also states that it “will raise no further defenses and will not make any further submissions or otherwise participate in this investigation.” Id.

On September 16, 2026, the presiding ALJ issued the subject ID (Order No. 7) finding Nanomics in default. The ID notes that, pursuant to Commission Rule 210.16(b)(3)(ii) (19 CFR 210.16(b)(3)(ii)), “[u]pon the filing of a notice of intent to default” the presiding ALJ “shall issue an [ID] finding the respondent in default without first issuing the show-cause order of paragraph (b)(1)(i) of this section” and that “[s]uch default will be treated in the same manner as any other default under this section.” ID at 1. The ALJ also stayed all procedural deadlines in the investigation given that Nanomics is the sole respondent. Id. at 2. The ALJ further denied as moot Complainants' pending motion to find Nanomics in default and to stay all procedural deadlines. Id. No petitions for review of the subject ID were filed.

Having reviewed the record of this investigation, including the subject ID and the parties' submissions to the ALJ, the Commission has determined not to review the subject ID. Respondent Nanomics is hereby in default in this investigation pursuant to Commission Rule 210.16(b)(3).

In connection with the final disposition of this investigation, the statute authorizes issuance of, inter alia, (1) an exclusion order that could result in the exclusion of the subject articles from entry into the United States; and/or (2) cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).

The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order and any cease and desist order would have on: (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation.

If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action on the Commission's determination. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered.

Written Submissions: Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding.

In their initial submission, Complainants are also requested to identify the remedy sought and Complainants and OUII are requested to submit proposed remedial orders for the Commission's consideration. Complainants are further requested to state the dates that the Asserted Patents expire, to provide the HTSUS subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. All initial written submissions, from the parties and/or third parties/interested government agencies, and proposed remedial orders from the parties must be filed no later than the close of business on October 30, 2026. All reply submissions must be filed no later than the close of business on November 6, 2026. Initial submissions from the parties are limited to 15 pages. Reply submissions from the parties are limited to 10 pages. All submissions from third parties and/or interested government agencies are limited to 10 pages. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission.

Persons filing written submissions must file the original document electronically on or before the deadlines stated above pursuant to 19 CFR 210.4(f). Submissions should refer to the investigation number (Inv. No. 337-TA-1508) in a prominent place on the cover page and/or the first page. ( See Handbook for Electronic Filing Procedures, www.usitc.gov/​secretary/​documents/​handbook_​on_​filing_​procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205-2000.

Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed with the Commission and served on any parties ( printed page 65598) to the investigation within two business days of any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS.

The Commission vote for this determination took place on October 13, 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).

91 FR 65596