Trade Remedies Are Being Used to Combat Imports of Infringing Medical Devices

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Medical device cases are being filed with increasing frequency at the U.S. International Trade Commission (ITC) to combat infringing imports. In particular, owners of intellectual property rights on medical devices regularly utilize the protections provided by Section 337 of the Tariff Act of 1930. Section 337 makes unlawful the importation into the United States of articles that infringe a valid U.S. patent, trademark or copyright. Section 337 also can be used to prevent imports of counterfeit, smuggled or gray-market medical devices.

A number of Section 337 investigations involving medical devices and pharmaceuticals have been instituted in recent years, including the following:

- Certain Vaginal Ring Birth Control Devices, Inv. No. 337-TA-768;

- Certain Gemcitabine and Products Containing the Same, Inv. No. 337-TA-766;

- Adjustable-Height Beds and Components Thereof, Inv. No. 337-TA- 734;

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