On February 10, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Surgical Stapler Devices and Components Thereof (Inv. No. 337-TA-985).

By way of background, this investigation is based on a January 8, 2016 complaint filed by Covidien LP of Mansfield, Massachusetts alleging violation of Section 337 in the importation into the U.S. and sale of certain surgical stapler devices and components thereof that infringe one or more claims of U.S. Patent Nos. 6,669,073; 8,342,377; and 6,079,606.  See our January 8, 2016 post for more details on the complaint. 

According to the Notice of Investigation, the Commission has identified Chongqing QMI Surgical Co., Ltd. of China as the sole respondent.

Lastly, Chief ALJ Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this matter.