On February 1, 2016, Stryker Corp. of Kalamazoo, Michigan (“Stryker”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Umano Médical Inc. and Umano Médical World Inc. (collectively, “Umano”)—both of Canada—unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain hospital beds and components thereof that infringe one or more claims of U.S. Patent Nos. 7,082,630 (the ‘630 patent), 7,690,059 (the ‘059 patent), 7,784,125 (the ‘125 patent), and 8,701,229 (the ‘229 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to hospital bed technology. In particular, the ‘630 patent relates to a siderail support mechanism for a patient support apparatus (e.g., a hospital bed). The ‘059 patent relates to a method of actuating a brake on a caster wheel of a patient support apparatus. The ‘125 patent relates to a movable siderail apparatus for use with a patient support apparatus. Lastly, the ‘229 patent relates to an apparatus and method for actuating a brake on a caster wheel of a patient support apparatus.
In the complaint, Stryker states that Umano imports and sells products that infringe the asserted patents. The complaint specifically refers to the Umano Snow Bed and Umano Cocoon Bed as infringing products.
Regarding domestic industry, Stryker states that it manufactures hospital beds that practice at least one claim of each of the asserted patents, including the InTouch bed. Stryker states that it operates a 435,000 square foot facility in Michigan and has expended more than ten million dollars annually over the past five years with a U.S.-based logistics company in connection with various products, including hospital beds that practice the asserted patents. Stryker also states that it employs over one hundred engineering and technical personnel in the U.S. whose employment pertains to the technology of the asserted patents.
As to related litigation, Stryker states that it is currently engaged in a litigation against Umano in Canada in connection with a Canadian patent that is related to the ‘125 patent.
With respect to potential remedy, Stryker requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Umano and related entities.