On October 2, 2015, Polymer Technology Systems, Inc. of Indianapolis, Indiana ("PTS") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Infopia Co., Ltd. of South Korea, Infopia America LLC of Titusville, Florida, and Jant Pharmacal Corp. of Encino, California (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain blood cholesterol test strips and associated systems containing same that infringe one or more claims of U.S. Patent No. 7,087,397 (the '397 patent).
According to the complaint, the '397 patent relates to methods for determining the concentration of HDL cholesterol in a whole blood sample. In particular, the '397 patent discloses a multilayer test strip that contains a blood separation mechanism that separates HDL cholesterol in a whole blood sample from non-HDL cholesterol and produces a colored response proportional to the level of HDL cholesterol in the sample. In another embodiment, the test strip is placed into a handheld test strip holder that contains an application window for depositing a whole blood sample and a test-reading window that shows the concentration of HDL cholesterol in the sample.
In the complaint, PTS states that the Proposed Respondents import and sell products that infringe the '397 patent. The complaint specifically refers to LipidPlus Lipid Profile Test Strips and the LipidPlus blood cholesterol testing system as infringing products.
Regarding domestic industry, PTS states that many of its products—including, for example, CardioChek—are developed, manufactured, sold, and supported in the U.S. and practice at least one claim of the '397 patent. PTS states that it has more than 40 employees located in the U.S. involved in the engineering, research, development, and manufacturing of such products. PTS specifically refers to its headquarters in Indiana where it conducts a number of activities related to products that practice the '397 patent.
As to related litigation, PTS states that on August 8, 2014, it filed a complaint against the Proposed Respondents in the U.S. District Court for the Southern District of Indiana alleging infringement of the '397 patent and the trade dress of its CardioChek system packaging. Further, PTS states that Infopia Co., Ltd. has filed two petitions forinter partes review (IPR) of the '397 patent at the U.S. Patent and Trademark Office.
With respect to potential remedy, PTS requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at the Proposed Respondents.