15 December 2016

ITC to investigate DNA sequencing case

The US International Trade Commission (ITC) has agreed to start an investigation into certain single-molecule nucleic acid sequencing systems and reagents, consumables, and software.

The investigation arises from a complaint filed by Pacific Biosciences of California in October which alleges that certain products would infringe a patent belonging to the company.

Pacific Biosciences has requested that the ITC issue an exclusion order and a cease and desist order.

The two companies which have been identified by the ITC for investigation are Oxford Nanopore Technologies and Metrichor.

The products at issue in the investigation are devices and accessories for DNA sequencing.

To proceed with the investigation, the ITC’s chief administrative law judge (ALJ) will assign the case to one of the ALJs, who will hold an evidentiary hearing.

The ITC said in a statement: “The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation.”

It added: “ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the US Trade Representative within that 60-day period.”