ITC Issues Injunctions Against Basic Medical Supply, LLC and 11 Others Based on Patent and Trademark Infringement Involving Cervical Collar and CPR Device

On June 16, 2017, The International Trade Commission issued eight injunctions against Basic Medical Supply, LLC, Jiangsu Yongxin Medical Equipment Co., Ltd., Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd., Jiangyin Everise Medical Devices Co., Ltd., Medsource Factory, Inc., Medsource International Co., Ltd., Shanghai Evenk International Trading Co., Ltd., Shanghai Honglian Medical Instrument Development Co., Ltd., Shanghai Jolly Medical Education Co., Ltd., Zhangjiagang New Fellow Med Co., Ltd., Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., Zhangjiagnag New Fellow Med Co., Ltd. (collectively, the “Respondents”) in favor of Laerdal Medical AS and Laerdal Medical Corp. (collectively, the “Complainants”). The amended complaint claimed violations of section 337 based on the importation into the U.S., the sale for importation and the sale within the U.S. following importation of certain carbon spine board, cervical collar, CPR masks and various medical training devices, and trademarks copyrights of product catalogues, product inserts, and components thereof, and thus, the infringement of specific claims of U.S. Patent Nos. 6,090,058 and 6,170,486, U.S. Copyrights Registration Nos. VA 1-879-023 and VA 1-879-026, and U.S. Trademark Registration Nos. 3,735,147 and 3,479,656. The court determined that complainants sufficiently plead violations of section 337 based on findings of infringement of the ‘058 patent, which covers a multiple-size cervical collar and the ‘656 mark which covers the utilization of the “Pocket Mask” mark in CPR devices. The commission opinion is captioned Investigation No. 337-T-1008.

By: Namita Dhawan