By Eric Schweibenz and Alex EnglehartOn March 8, 2017, Curlin Medical Inc. of East Aurora, New York (“Curlin”); Zevex, Inc. of Salt Lake City, Utah; and Moog Inc. of East Aurora, New York (collectively, “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Yangzhou WeiDeLi Trade Co., Ltd. of China (“WeiDeLi”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain intravascular administration sets and components thereof that infringe one or more claims of U.S. Patent Nos. 6,164,921 (the ’921 patent) and 6,371,732 (the ’732 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to a peristaltic pump and a disposable tubing assembly used with the pump for intravenously delivering liquid medication to a patient.
In the complaint, Complainants state that WeiDeLi imports and sells products that infringe the asserted patents. The complaint specifically refers to the WeiDeLi ACTA 7128 IV Administration Set as an exemplary infringing product.
Regarding domestic industry, Complainants state that various Curlin intravascular administration sets practice claims of the asserted patents. In addition, Complainants state that they conduct significant and substantial activities in the U.S. relating to products that practice the asserted patents, including research and development. Complainants further state that they employ approximately 155 full-time individuals in the U.S.—primarily in Utah—that conduct activities relating to products that practice the asserted patents.
As to related litigation, Complainants state that, on May 2, 2016, they filed a complaint against WeiDeLi’s distributor, ACTA Medical, LLC (“ACTA”), in the U.S. District Court for the District of New Jersey. Complainants further state that, in the pending litigation against ACTA, they have obtained a preliminary injunction against ACTA that bars it and related entities from making, selling, offering for sale, using, and/or importing into the U.S., products that infringe the asserted patents. Lastly, Complainants state that ACTA has filed a petition for inter partes review (IPR) of the ’921 patent at the U.S. Patent and Trademark Office, but the PTAB has not yet ruled on whether to institute the IPR.
With respect to potential remedy, Complainants request that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at WeiDeLi.