By John Presper

On April 29, 2022, Precision Holdings USA Inc. of Rocklin, California and Innovamed Health LLC of San Antonio, Texas (collectively, “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that proposed respondents ManaMed Inc. of Las Vegas, Nevada (“ManaMed”); Grandway Healthcare Limited of Hong Kong; Vive Health LLC d/b/a Coretech of Naples, Florida; and Medline Industries Inc. of Northfield, Illinois (collectively, “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain pneumatic compression devices and components thereof infringe U.S. Patent Nos. 10,058,475 and 10,912,704.

According to the complaint, the asserted patents relate to an intermittent pneumatic compression system that is wrapped around a patient’s extremity, such as a leg, for prophylactic compression of the leg to avoid deep vein thrombosis.  The accused products are pneumatic compression devices prescribed by a physician for at-home use by post-operative patients at risk of developing deep vein thrombosis, including the PlasmaFlight, PlasmaFlow, Coretech DVT Pump, and Medline Portable DVT Pump products.

The complaint states that a concurrent lawsuit asserting the patents-in-suit was also filed against ManaMed in the U.S. District Court the Eastern District of Texas (Case No. 4:22-cv-359).

Complainants allege that a domestic industry exists under 19 U.S.C. § 1337(a)(2) and (3) because they have “made significant investments in plant and equipment, have employed significant labor, have made significant investments capital, and exploited the patents with substantial investments that related to products that embody” the asserted patents.  In particular, the complaint identifies the VenaPro and Circul8 Pro as exemplary domestic industry products.

With respect to potential remedy, Complainants request that the Commission issue a permanent limited exclusion order and permanent cease-and-desist order directed to Proposed Respondents.