Patent Investigation on Certain Vein Harvesting Surgical Systems and Components Thereof
The International Trade Commission has instituted a section 337 patent-based investigation of certain vein harvesting surgical systems and components thereof pursuant to a complaint.
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(The products at issue in this investigation are used for removing blood vessels from one part of a patient's body for transplantation to another part of the body or for use in another patient.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Maquet Cardiovascular LLC of San Jose, California, 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 vein harvesting surgical systems and components thereof by reason of infringement of certain claims of U.S. Patent No. Re. 36,043 and U.S. Patent No. 6,830,546.
The complainant requests that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
Terumo Corporation of Japan, and
Terumo Cardiovascular Systems Corporation of Ann Arbor, MI.
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 - Spence Chubb (202) 205-2575
ITC notice (Inv. No. 337-TA-645, FR Pub 05/05/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-9705.pdf
ITC press release (08-038, dated 04/29/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0429ff1.htm