ITC Issues Final Initial Determination Regarding Nobel Biocare USA, LLC’s Dental Implants—Finding 337 Violation

October 29, 2015—On October 27, 2015, Administrative Law Judge Shaw issued a Final Initial Determination (“ID”) on investigation No. 337-TA-934.  The investigation was based on a September 25, 2014 complaint filed by Nobel Biocare Services AG and Nobel Biocare USA, LLC against Instradent USA, Inc and JJGC Industria e Comercio de Materials Dentarios, alleging violation of Section 337 in the importation into the U.S. and sale of certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 and 8,764,443. The AJL determined a violation of Section 337 occurred with respect to claims 15, 18, 19, 30, and 32 of the ‘443 Patent, but no violation occurred regarding claim 17. Additionally, no violation occurred with respect to the ‘977 Patent.  The case is captioned Certain Dental Implants, No. 337-TA-934, USITC, (Oct. 27, 2015) (Final).

By: H. Rachael Million-Perez

View Attachment (PDF)