Federal Circuit Affirms ITC’s Limited Exclusion of Instradent’s Dental Implants

July 19, 2017 — On July 19, 2017, the United States Court of Appeals for the Federal Circuit affirmed the limited exclusion order issued by the United States International Trade Commission (“ITC”) against Instradent USA, Inc. and JJGC Indústria e Comércio de Materiais Dentários S/A (collectively, “Instradent”).  ITC had determined in April 2016 that that the importation of dental implants by Instradent violates section 337 of the Tariff Act of 1930, as amended, because the implants infringe two patents held by Nobel Biocare Services AG.

The patents-at-issue are U.S. Patent No. 8,764,443, entitled, “Method for Producing a Surface Structure on an Implant, and Such an Implant,” and U.S. Patent No. 8,714,977, entitled, “Condensing Skeletal Implant That Facilitate Insertions.”  The case is captioned: Instradent USA, Inc. v. ITC, CAFC-16-2336. The ITC Investigation is captioned: In the Matter of Certain Dental Implants, Investigation No. 337-TA-934.

By: Chika Seidel