Hologic Motion to Amend Complaint Granted; Motion to Reopen Discovery Denied

January 11, 2018 – On January 8, 2018, ALJ Charles E. Bullock granted complainant Hologic, Inc.’s motion to amend its complaint to add a certificate of correction for an asserted patent. The ALJ found that Hologic had successfully established good cause and that respondents would not be unduly prejudiced by the issuance. However, the ALJ denied complainant’s motion to take the deposition of a third party after the close of fact discovery, finding that respondents are likely to suffer some prejudice if the motion were granted.

This case is X-Ray Breast Imaging Devices and Components thereof, 337-TA-1063 before the International Trade Commission. The respondents are FUJIFILM Corporation, FUJIFILM Medical Systems USA, Inc., and FUJIFILM Techno Products Co., Ltd.

The patents-at-issue are: U.S. Patent No. 7,831,296, entitled, “X-Ray Mammography With Tomosynthesis”; U.S. Patent No. 8,452,379, entitled, “X-Ray Mammography With Tomosynthesis”; U.S. Patent No. 7,688,940, entitled, “Mammography System and Method Employing Offset Compression Paddles, Automatic Collimation, and Retractable Anti-Scatter Grid”; U.S. Patent No. 7,986,765, entitled, “Mammography System and Method Employing Offset Compression Paddles, Automatic Collimation, and Retractable Anti-Scatter Grid”; and U.S. Patent No. 7,123,684, entitled, “Full Field Mammography With Tissue Exposure Control, Tomosynthesis, and Dynamic Field of View Processing.”  Docket No. is ITC-337-3233.

By: Judy Kim