On November 24, 2015, Administrative Law Judge Shaw of the International Trade Commission (“ITC”) issued a final initial determination in an ITC case before the Commission regarding U.S. Patent Nos. 8,714,977 (“the ‘977 Patent”) and 8,764,443 (“the ‘443 Patent”) owned by Nobel Biocare Services AG (“Nobel”) and asserted against Neodent USA, Inc. and JJGC Industria e Comercio de Materiais Dentarios S/a (“Respondents”). In the underlying ITC case, Nobel accused the Respondents of infringing certain claims of the ‘977 Patent and the ‘443 Patent by importing their respective dental implants. Both the ‘977 Patent and the ‘443 Patent relate to skeletal implants. In the final initial determination, the Judge held that (i) a violation of section 337 of the Tariff Act had occurred in the importation into the United States of certain dental implants imported by the Respondents with respect to asserted claims 15, 18, 19, 30, and 32 of the ‘433 Patent, and (ii) a violation of section 337 had not been found with respect to asserted claims 1-5 or 19 of the ‘977 Patent or asserted claim 17 of the ‘443 Patent. In particular, Judge Shaw determined that a violation of section 337 had not been found with respect to claims 1-5 and 19 of the ‘977 Patent because this patent was found to be invalid under 35 U.S.C. § 102. The ITC case remains pending at the ITC and is captioned 337-TA-934.
By: Jacqueline A. DiRamio