By Eric Schweibenz
On December 21, 2012, Covidien LP of Mansfield, Massachusetts (“Covidien”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Pajunk Medizintechnik GmbH of Germany, Pajunk Medizintechnologie GmbH of Germany, and Pajunk Medical Systems L.P. of Norcross, Georgia (collectively, “Pajunk”) unlawfully import and/or sell certain balloon dissection devices and products containing the same that infringe one or more claims of U.S. Patent No. 6,312,442 (the ‘442 patent). 

According to the complaint, the ‘442 patent relates generally to a method for performing laparoscopic hernia repair by developing a cavity within a body with a dissection balloon.  Covidien asserts that Pajunk imports and sells dilatation balloon products that infringe the ‘442 patent.

Regarding domestic industry, Covidien states that it employs significant personnel to manufacture the patented dissection balloon products at a plant in Ponce, Puerto Rico.

As to related litigation, Covidien alleges that the ‘442 patent has not been asserted in any litigation in court.  Covidien notes, however, that the ‘442 patent was the subject of an interference proceeding before the USPTO.

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