ITC Issues Limited Exclusion Order on Gabapentin Immunoassay Kits Following Section 337 Investigation
The International Trade Commission has issued a limited exclusion order against Kappa City on imported gabapentin immunoassay kits and test strips following a Section 337 investigation (ITC Inv. No. 337-TA-1239), it said in a Federal Register notice.
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The investigation followed a December 2020 complaint by ARK Diagnostics (see 2101210045), which alleged that Chemtron, Alltest, Healgen and Kappa City are manufacturing rapid gabapentin tests that infringe on two of ARK's patents and that the tests were being distributed in the U.S. by 12 Panel Medical, Acro Biotech, AlcoPro, American Screening, Confirm Biosciences, Mercedes Medical, TransMed and Transmetron. Six of the respondents were dropped due to consent agreements, four more for settlements during the investigation, and an additional five due to partial withdrawal of the complaint by ARK. In December, the remaining respondent, Kappa City, was found to be in default and ARK requested a limited exclusion order. In the absence of any response from Kappa City, the commission decided July 25 to issue a limited exclusion order and set a bond in the amount of 100% of the entered value of the covered products.