By Eric Schweibenz
On April 25, 2012, Boart Longyear Company and Longyear TM, Inc. (collectively, “Boart Longyear”)—both of South Jordan, Utah—filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Boyles Bros Diamantina S.A. of Peru, Christensen Chile S.A. of Chile, Diamantina Christensen Trading Inc. of Panama, and Intermountain Drilling Supply Corp. of West Valley City, Utah (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain drill bits and products containing the same that infringe one or more claims of U.S. Patent Nos. 7,828,090 (the ‘090 patent), 7,874,384 (the ‘384 patent), and 8,051,929 (the ‘929 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to drill bit technology.  In particular, the ‘090 patent relates to drill bits with enclosed fluid slots.  The ‘384 patent relates to drill bits with increased crown height.  Lastly, the ‘929 patent relates to core drill bits with enclosed fluid slots.

In the complaint, Boart Longyear states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically names the “HQOSDB-9C” and “HQOSDB-10A” drill bits as infringing products.  The complaint further states that the accused drill bits may be imported into the U.S. as part of a drill bit assembly.

Regarding domestic industry, Boart Longyear states that its “HQ10UMX” drill bit practices at least one claim of each of the asserted patents.  As to the economic prong, Boart Longyear refers to its facility in Salt Lake City, Utah, where it engages in engineering, design, research and development, and manufacturing of products protected by the asserted patents.  Boart Longyear also refers to testing, repair, and service activities in the U.S. that relate to products protected by the asserted patents.

As to related litigation, Boart Longyear states that concurrently with the filing of the instant ITC complaint, it is also filing a patent infringement action in the U.S. District Court for the District of Nevada against the Proposed Respondents.

With respect to potential remedy, Boart Longyear requests that the Commission issue a limited exclusion order and a cease and desist order directed at each domestic Proposed Respondent.