By Eric Schweibenz
On September 13, 2017, ALJ MaryJoan McNamara issued Order No. 2 in Certain Microfluidic Devices (Inv. No. 337-TA-1068).

By way of background, this investigation is based on a July 31, 2017 complaint filed by Bio-Rad Laboratories, Inc. of Hercules, California and Lawrence Livermore National Security, LLC of Livermore, California alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain microfluidic devices that infringe one or more claims of U.S. Patent Nos. 9,500,664; 9,089,844; 9,636,682; 9,649,635; and 9,126,160. See our August 4, 2017 and September 5, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 2, ALJ McNamara set January 21, 2019 as the target date for completing the investigation (which is approximately 15.5 months after institution of the investigation). ALJ McNamara further noted that any final initial determination will be due September 20, 2018.

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