ITC Institutes Patent Investigation of Adjustable-Height Beds
The International Trade Commission has instituted a section 337 patent-based investigation of certain adjustable-height beds and components thereof, pursuant to a filed complaint.
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(The products at issue in this investigation are adjustable-height beds, used for home health care, that allow for the height of the bed spring to be adjusted relative to the floor.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Invacare Corporation of Elyria, OH, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain adjustable-height beds and components thereof that infringe patents asserted by Invacare.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- Medical Depot, Inc., d/b/a Drive Medical Design and Manufacturing, of Port Washington, NY; and
- Shanghai Shunlong Physical Therapy Equipment Co., Ltd., of China
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
(Press release dated 09/02/10, Inv. No. 337-TA-734)