By John Presper

On October 22, 2021, the ITC issued a Notice of Investigation in Certain Tunable Lenses and Products Containing the Same (Inv. No. 337-TA-1282).

By way of background, this investigation is based on a September 27, 2021 complaint filed by Holochip Corporation of Torrance, California (“Holochip”) alleging a violation of section 337 by Respondents Optotune AG of Switzerland and Edmund Optics, Inc. of Barrington, New Jersey (collectively, “Respondents”) in the unlawful importation and/or sale in the U.S. of certain tunable lenses and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 8,064,142; 8,605,361; 8,665,527; and 9,442,225.

According to the complaint, the asserted patents relate to fluidic lenses and, in particular, to fluidic lenses with variable focal lengths.  The accused products are fluid-based lenses with variable focal lengths, components thereof, and products containing the same, including entocentric and telecentric lense systems.  Holochip is requesting that the Commission issue limited exclusion orders and permanent cease-and-desist orders directed to Respondents.  According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation.  Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ Clark S. Cheney will preside in the investigation.

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