USITC investigates import of surgical staplers

The US International Trade Commission (ITC) has opened a section 337 investigation into the import of reload cartridges for surgical staplers, which allegedly infringe a US company’s patents.

The investigation is based on a complaint filed in May by Ethicon, an Ohio-based medical devices company and subsidiary of Johnson & Johnson, and its Puerto Rican affiliate.

The ITC announced the investigation in a press release on Monday, July 1, and issued its notice of investigation on June 28.

Intuitive Surgical, a California-based robotics manufacturer, is the subject of the complaint.

At issue in the investigation is the import of laparoscopic surgical staplers, which are used in abdominal and pelvic surgery.

Ethicon alleged that the products in question infringe five of its patents (US numbers 9,844,379; 9,844,369; 7,490,749; 8,479,969; and 9,113,874).

The Johnson & Johnson subsidiary has requested that the ITC issue a limited exclusion order and cease and desist orders.

Intuitive is best known as the maker of the da Vinci Surgical System, a robotic system which is controlled remotely by a surgeon.

The ITC will assign one of its administrative law judges to hold an evidentiary hearing and make a determination on whether the products at issue infringe Ethicon’s patents.

LSIPR has contacted Ethicon and Intuitive Surgical for comment.

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