Patent Investigation on Certain Apparatus for Cryosurgery and Components Thereof
The International Trade Commission has instituted a section 337 patent-based investigation of certain catheters, consoles, and other apparatus for cryosurgery and components thereof pursuant to a complaint.
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Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of CryoCor, Inc. of San Diego, California and AMS Research Corporation of Minnetonka, Minnesota, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain catheter, consoles and other apparatus for cryosurgery, and components thereof that infringe certain claims of U.S. Patent No. 6,471,694, U.S. Patent No. 6,572,610, and U.S. Patent No. RE 40,049.
The complainants request that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Respondent Alleged to Be in Violation of Section 337
The sole respondent alleged to be in violation of section 337 is CryoCath Technologies, Inc., of Canada.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Mareesa Frederick (202) 205-2055
ITC notice (Inv. No. 337-TA-642, FR Pub 04/02/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-6700.pdf
ITC press release (08-030, dated 03/27/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0327ff1.htm
BP Note
Subsequent to this notice of institution of section 337 investigation, the ITC issued a notice of correction of the title of the investigation from "catheter" to "catheters." (ITC correction notice (FR Pub 04/04/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-6998.pdf)