U.S. agency to review ruling in Hologic, Fujifilm dispute

A U.S. trade agency has agreed to review a ruling made in a complaint filed as part of Hologic's patent infringement dispute against Fujifilm Medical Systems USA regarding mammography technology.

Hologic charged that Fujifilm has been violating a number of its patents covering digital mammography, including tomosynthesis and related technologies, and filed a complaint with the U.S. International Trade Commission (ITC). An ITC administrative law judge in July 2018 issued a ruling against Fujifilm, recommending that the Japanese company be prevented from importing products covered by the patents into the U.S.

On October 24, the ITC said it would review at least part of the administrative law judge's ruling. It issued a series of questions it was investigating as part of its review and asked the parties involved to address the questions, which include whether the Fujifilm products are more effective in screening for breast cancer than other products currently on the U.S. market.

The ITC noted that it could affirm the judge's ruling that the infringing products be excluded from import into the U.S. To that end, it is also asking the involved parties to assess the effect that an import ban might have on the U.S. public.

The ITC said it had extended the target date for the completion of its investigation to January 25, 2019.