On January 8, 2016, Covidien LP of Mansfield, Massachusetts (“Covidien”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Chongqing QMI Surgical Co., Ltd. of China (“QMI”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain surgical stapler devices and components thereof that infringe one or more claims of U.S. Patent Nos. 6,669,073 (the ‘073 patent), 8,342,377 (the ‘377 patent), and 6,079,606 (the ‘606 patent) (collectively, the “asserted patents”). 

According to the complaint, the asserted patents generally relate to surgical stapler devices for use in abdominal, gynecologic, pediatric, and thoracic surgical methods. In particular, the surgical stapler devices of the asserted patents have two primary components, a stapler handle and a loading unit, and the asserted patents generally relate to the components that translate movement from the stapler handle to the loading unit to eject staples into the tissue to be connected.  The asserted patents also generally relate to the loading and locking mechanisms for attaching loading units to the end of the stapler handle.

In the complaint, Covidien states that QMI imports and sells products that infringe the asserted patents.  The complaint specifically refers to QMI’s QELC Universal Endoscopic Linear Cutting Stapler and Loading Units as infringing products.

Regarding domestic industry, Covidien states that it employs significant personnel to manufacture products that practice the asserted patents in Puerto Rico.  These products include the Endo GIA Universal, Endo GIA Ultra, and Endo GIA Straight.  Covidien further states that it employs personnel in the U.S. who provide engineering services relating to Covidien’s domestic industry products.

With respect to potential remedy, Covidien requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at QMI.