On September 25, 2014, Nobel Biocare Services AG of Switzerland and Nobel Biocare USA, LLC of Yorba Linda, California (collectively, "Nobel") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that JJGC Indústria e Comércio de Materiais Dentários S/A of Brazil and Neodent USA, Inc. of Andover, Massachusetts (collectively, "JJGC") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 (the '977 patent) and 8,764,443 (the '443 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to dental implant technology. In particular, the '977 patent relates to a combination of features that allows bone compression while making insertion easy, helping to maintain the implant on its intended path, and avoiding bone resorption. The '443 patent relates to a particular surface pattern on the threaded portion of a dental implant, which enhances implant stability.
In the complaint, Nobel states that JJGC imports and sells products that infringe the asserted patents. The complaint specifically refers to JJGC's Drive CM implants as infringing products.
Regarding domestic industry, Nobel states that it sells its NobelActive® line of implants in the U.S. and that these implants are protected by the asserted patents. Nobel further states that it conducts research and development, sales, customer and product support, clinical education, training, testing, quality management, and warranty services for its NobelActive® line of implants in the U.S. Nobel specifically refers to its facilities in California and New Jersey in support of its domestic industry allegations.
As to related litigation, Nobel states that on August 19, 2014, it filed suit against Neodent USA, Inc. in the U.S. District Court for the Central District of California, alleging infringement of the asserted patents.
With respect to potential remedy, Nobel requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at JJGC.