On August 29, 2011, The U.S. International Trade Commission issued a notice of issuance of a limited exclusion order, a cease and desist order, and termination of the investigation in Certain Birthing Simulators and Associated Systems (Inv. No. 337-TA-759).
By way of background, this investigation was based on a December 30, 2010 complaint filed by Gaumard Scientific Company of Miami, Florida alleging violations of Section 337 in the importation into the U.S. and sale of certain birthing simulators and associated systems that infringe U.S. Patent Nos. 6,503,087 (the ‘087 patent) and 7,114,954 (the ‘954 patent). See our January 4, 2011 post for more details. The ITC instituted this investigation on February 1, 2011, identifying Shanghai Honglian Medical Instrument Development Co., Ltd. (d/b/a General Doctor) of China and Shanghai Evenk International Trading Co., Ltd. of China as respondents. See our February 2, 2011 post for more details.
According to the August 29, 2011 notice, neither of the respondents answered the complaint or notice of investigation, nor did they respond to an order to show cause why they should not be held in default and judgment rendered for their failure to answer the complaint and notice of investigation. On March 30, 2011, the ALJ issued an Initial Determination finding both respondents in default and terminating the investigation.
After reviewing the record in this investigation, the Commission determined that the appropriate form of relief is a limited exclusion order prohibiting the unlicensed entry of birthing simulators covered by one or more of claims 16-20, 22-23, 25-28, 30-31, 33-34, and 36-38 of the ‘087 patent and claims 1, 2, 6, 7, and 10 of the ‘954 patent and that are manufactured by or on behalf of Shanghai Honglian and Shanghai Evenk, their affiliated companies, licensees, contractors, related business entities, successors or assigns. The Commission also determined to issue a cease and desist order that prohibits importing, selling for importation, marketing, advertising, distributing, offering for sale, selling, transferring (except for exportation), advertising, and soliciting United States agents or distributors for birthing simulators that are covered by one or more of the asserted claims.