On June 20, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Carbon Spine Board, Cervical Collar And Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof (Inv. No. 337-TA-1008).

By way of background, this investigation is based on a March 21, 2016 complaint, a May 18, 2016 amended complaint, and a June 7, 2016 supplement to the amended complaint filed by Laerdal Medical Corp. of Wappingers Falls, New York and Laerdal Medical AS of Norway alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain carbon spine board, cervical collar, and various medical training manikin devices, and accompanying product catalogs, product inserts, literature, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,090,058 and 6,170,486 and/or certain copyrights, trade dress rights, and trademarks. See our March 21, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following entities as the respondents:

  • Shanghai Evenk International Trading Co., Ltd. of China
  • Shanghai Honglian Medical Instrument Development Co., Ltd. of China
  • Shanghai Jolly Medical Education Co., Ltd. of China
  • Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd. of China
  • Zhangjiagang New Fellow Med Co., Ltd. of China
  • Jiangsu Yongxin Medical Equipment Co., Ltd. of China
  • Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd. of China
  • Jiangyin Everise Medical Devices Co., Ltd. of China
  • Medsource International Co., Ltd. of China
  • Basic Medical Supply, LLC of Richmond, Texas

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