ITC Requests Comments on Patent Complaint on Certain Birthing Simulators

Alleged Patent Violations by 2 Chinese Companies

ITC received a complaint filed on behalf of Gaumard Scientific Company, Inc. which alleges violations of section 337 of the Tariff Act of 1930¹ in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain birthing simulators and associated systems.

The complaint names the following as the respondents:

• Shanghai Honglian Medical Instrument Development Co., Ltd. of Shanghai, China
• Shanghai Evenk International Trading Co., Ltd. of Shanghai, China

Comments on Public Interest Issues Requested

ITC requests comments on any public interest issues raised by the complaint by January 13, 2011.

Comments should address whether issuance of an exclusion order and/or a cease and desist order would negatively affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.

(The ITC notes that there will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.)

¹Section 337 investigations conducted by ITC most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods. The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the U.S. In addition, ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.

ITC contact -- Marilyn Abbott (202) 205--2000

(DN 2778, FR Pub 01/06/11)