USITC to review Fujifilm breast imaging case
The US International Trade Commission (ITC) yesterday announced that it will review in-part the final initial determination of an investigation into Fujifilm involving X-ray breast imaging.
In August 2017, Massachusetts-based diagnostic company Hologic filed a complaint at the ITC alleging violations of section 337 of the Tariff Act of 1930. Hologic’s complaint accused Fujifilm and its subsidiaries Fujifilm Medical Systems and Fujifilm Techno Products of importing and selling certain X-ray breast imaging components.
According to Hologic, Fujifilm infringed US patent numbers 7,831,296; 8,452,379; 7,688,940; 7,986,765; and 7,123,684.
The patents all relate to breast X-ray technologies.
In January this year, the ‘765 patent was removed from the investigation.
Then, in July, the ITC’s administrative law judge (ALJ) who was assigned to the case found that a violation of section 337 had occurred.
One month later, Fujifilm and the Office of Unfair Import Investigations (OUII)—which was also named as a party—each filed petitions to review the initial determination.
Hologic and the OUII filed responses to the petitions for review in the same month.
“Having examined the record of this investigation, including the ALJ’s final initial determination, the petitions for review, and the responses thereto, the commission has determined to review the final initial determination in part,” the ITC announced yesterday.
There are several aspects of the determination that the commission will focus on, including the findings concerning patent infringement, certain claims and the obviousness of some of the patents.
The ITC has also requested responses to several questions involving the patents in question.
In addition, the commission said that it will extend the target date for the completion of the investigation until January 25, 2019.
In a separate filing, Hologic initiated a patent infringement complaint against Fujifilm and Fujifilm Medical Systems at the US District Court for the District of Connecticut in June. Hologic named the ‘296, ‘379, ‘940, ‘765 and ‘684 patents in the claim.
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