The default

The notice says the Commission has determined not to review an initial determination (Order No. 7) finding Nanomics in default. Nanomics is the only respondent. On September 14, 2026, Nanomics filed a notice of intent to default under 19 CFR 210.16(b)(3)(i). The notice quotes Nanomics as saying it considered the cost and burden of continued participation, and as not conceding infringement, validity of any asserted patent, or the truth of any allegation in the complaint. Nanomics also said it will raise no further defenses and will not make any further submissions or otherwise participate in the investigation.

On September 16, 2026, the presiding administrative law judge issued Order No. 7 finding Nanomics in default, stayed procedural deadlines, and denied as moot the complainants' pending motion for default. No petitions for review were filed. The Commission vote was October 13, 2026, and the notice issued that day. A default under Rule 210.16 is not, by itself, a Commission finding that any asserted patent is infringed or valid. Under 19 CFR 210.16(b)(4), a party found in default is deemed to have waived its right to appear, to be served with documents, and to contest the allegations at issue. Under 19 CFR 210.16(c)(1), "[t]he facts alleged in the complaint will be presumed to be true with respect to the defaulting respondent," and any exclusion or cease and desist order against that respondent still requires the Commission to consider the public interest factors.

The investigation

The Commission instituted the investigation on July 2, 2026, at 91 Fed. Reg. 40589, based on a complaint filed May 28, 2026, and supplemented June 12, 2026, by Seer, Inc. of Redwood City, California and The Brigham and Women's Hospital, Inc. of Boston, Massachusetts. The October notice shortens the hospital's name and omits "Inc." The Commission ordered the investigation on June 29, 2026. Under 19 CFR 210.10(b)(1), institution is on Federal Register publication, which was July 2. The Office of Unfair Import Investigations is a party. The complainants requested a limited exclusion order and a cease and desist order.

The July 2 notice instituted these claims, listed by number only (titles per the patents): claims 2, 3, 5, 7-13, 15, 16, 23, 24, 26, and 27 of U.S. Patent 11,435,360, titled System and sensor array; claims 1-8, 12-19, and 21 of U.S. Patent 11,630,112, titled Systems and methods for sample preparation, data generation, and protein corona analysis; claim 16 of U.S. Patent 12,050,222, with the same title; claims 1-10, 19, and 20 of U.S. Patent 12,228,566, titled System and method for protein corona sensor array for early detection of diseases; and claims 1 and 2 of U.S. Patent 12,590,948, titled Systems and methods for discovery and analysis of markers. The plain language description of the scope is "automated workstations for proteomics and associated software, assay kits for proteomics, and components thereof including nanoparticles, reagents, and laboratory consumables."

Remedy submissions

The Commission asks for written submissions on remedy, the public interest, and bonding. Initial submissions are due by close of business on October 30, 2026. Replies are due by close of business on November 6, 2026. Party initial submissions are limited to 15 pages, party replies to 10 pages, and submissions from third parties and interested government agencies to 10 pages. Complainants are asked to identify the remedy sought, patent expiration dates, HTSUS subheadings, and known importers. Complainants and OUII are asked to submit proposed remedial orders.

The public interest factors listed in the notice are the effect of an exclusion order and any cease and desist order on public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or directly competitive articles, and U.S. consumers. The notice does not yet carry a Federal Register page number. It states that it is scheduled to be published on October 15, 2026.

What to watch next

Watch for Federal Register publication on October 15, 2026, and for the remedy, public interest, and bonding submissions due October 30 and the replies due November 6.