The notice
The Commission's notice of receipt of complaint, FR Doc. 2026-20932, was issued October 8, 2026 and was published in the Federal Register on October 14, 2026, at 91 Fed. Reg. 65257. It says the Commission received a complaint and a submission under section 210.8(b) of its Rules of Practice and Procedure, filed on behalf of Cytek Biosciences, Inc. on October 8, 2026. The complaint alleges violations of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain spectral flow cytometry systems and components thereof.
The complaint names two respondents: Beckman Coulter, Inc. of Brea, California, and Beckman Coulter Biotechnology (Suzhou) Co., Ltd. of China. Cytek asks for a limited exclusion order, cease and desist orders, and a bond on the respondents' alleged infringing articles during the 60-day Presidential review period under 19 U.S.C. 1337(j). The public version of the complaint is available on the Commission's electronic docket.
Public interest comments
The notice invites proposed respondents, other interested parties, members of the public, and interested government agencies to comment on whether the requested relief would affect public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. It asks in particular how the articles are used in the United States, whether there are public health, safety, or welfare concerns, whether like articles made in the United States could replace them, and whether Cytek, its licensees, or third-party suppliers could replace the volume of excluded articles within a commercially reasonable time. Submissions are limited to five pages and are due by close of business eight calendar days after publication, which is October 22, 2026. Cytek may reply within three calendar days after that due date. The third calendar day is Sunday, October 25, 2026. The notice says deadlines are counted by calendar days, and that the last-day rule in 19 CFR 201.14(a) still applies, so the reply date moves to Monday, October 26, 2026. The receipt notice does not list the asserted patents.
The Delaware verdict
The two companies are already in litigation in Beckman Coulter, Inc. v. Cytek Biosciences, Inc., No. 1:24-cv-00945 (D. Del.). In an August 21, 2026 press release, Cytek said a jury returned a verdict in that patent infringement action, finding for Cytek on three of the four asserted claims, with findings of noninfringement and invalidity on each of those three, and finding infringement of the fourth claim under the doctrine of equivalents but not literally. Cytek said the jury awarded past damages of $20 million in lost profits and $36 million in royalties, and that it intends to pursue post-verdict motions challenging the doctrine of equivalents finding and the related damages award. The docket shows that the trial was held in two phases, that a non-final judgment after the jury verdict was entered on September 15, 2026, and that post-trial opening briefs were due October 13, 2026, with answering briefs due December 4, 2026 and replies due January 8, 2027. The ITC complaint reverses the roles, with Cytek as the complainant.
Receipt is not institution
Under 19 CFR 210.10(a)(1), the Commission determines whether to institute an investigation within 30 days after a complaint is filed, unless an exception applies, such as exceptional circumstances, a request by the complainant to postpone the determination, or withdrawal of the complaint. Under 19 CFR 210.10(b)(1), an investigation is instituted by publication of a notice in the Federal Register.
What to watch next
Watch for public interest submissions and any replies, the Commission's decision on institution, due within 30 days after the October 8 filing unless an exception applies, which would identify the patents and claims at issue, and the post-trial briefing and rulings in the Delaware case.