The U.S. International Trade Commission (ITC) voted to institute an investigation of certain microfluidic systems and components—including imports of microfluidic cartridges, reagents, and devices for preparing samples for sequencing.
According to the ITC release, the investigation is based on a complaint filed by a California company in January 2018. In that complaint, it was alleged that there were violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain microfluidic systems and components thereof and products containing same that infringe the company’s patents. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The launch of an investigation does not mean that the ITC has made a decision on the merits of the case. Instead, the ITC will assign the case to one of its administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337 and that initial determination will be subject to review by the ITC. A final determination in the investigation will then follow.
For more information, contact a professional with KPMG’s Trade & Customs practice:
Douglas Zuvich | +1 (312) 665-1022 | firstname.lastname@example.org
Andrew Siciliano | +1 (631) 425-6057 | email@example.com
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