USITC to review long-running Zimmer/Heraeus trade secrets dispute
The US International Trade Commission (USITC) will take another look at whether German orthopedics company Zimmer Biomet violated the IP rights of medical technology company Heraeus, it announced yesterday, July 13.
In a dispute that has been waged for more than a decade, Heraeus accuses Zimmer Biomet of stealing trade secrets related to the compound used to fill the gap between an artificial joint and a bone.
After pursuing a battle with its rival in the German and, more recently, the US courts, Heraeus filed a complaint with the USITC alleging violations of section 337 of the Tariff Act of 1930 relating to the misappropriation of trade secrets on April 10 2019.
Heraeus accused Zimmer of adversely affecting its business and requested that the Commission issue a “cease and desist” order, barring the importation of Zimmer’s products.
In this year’s May ruling, USITC Judge Cameron Elliot, said: “Some of the trade secrets owned by Heraeus weren’t protectable,” and found that there has been no violation of IP rights.
However, in a notice posted on its website yesterday, the USITC stated that it would carry out a review of this part of the decision issued by Judge Elliott, along with his findings that “that Heraeus did not show a substantial injury or threat of injury to its domestic industry by Zimmer Biomet’s misappropriation”.
If the Commission orders some form of remedy, Robert Lighthizer, the US Trade Representative, has 60 days to approve, disapprove, or take no action on the Commission’s action.
