ITC Finds Violation and Ends In Vitro Fertilization Case
The International Trade Commission voted Feb. 11 to not review an ITC administrative law judge's determination that found a Section 337 violation of in vitro fertilization drugs and equipment (ITC Inv. No. 337-TA-1196). The investigation followed a complaint, filed in…
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March 2020 by EMD Serono, that alleged that Fast IVF, HermesPharmacy and General Plastik Drug Stores imported gray market products that copied trademarks held by EMD Serono and also are purported to be falsely advertised (see 2004220032). EMD Serono initially asked for a general exclusion order (see 2003180052) but changed to a request for a limited exclusion order after the commission vacated the summary determination. The ITC is seeking public comment on the form of remedy, if any, that should be ordered. Submissions are due to the ITC by Feb. 28.