USITC begins Olympus patent probe

The US International Trade Commission (ITC) is investigating certain endoscopic devices after a German medical devices company accused Japanese optical products manufacturer Olympus of patent infringement.

The complaint relates to argon plasma coagulation systems, which are used to control bleeding.

German company Erbe Elektromedizin filed a complaint with the ITC last month, alleging that Olympus’ APC systems infringe five of its patents (US numbers 7,311,707; 7,717,911; 9,510,889; 9,603,653; and D577,671).

The ITC also named eight Olympus subsidiaries in the US, UK, and Germany as respondents in the investigation.

The announcement comes just less than two weeks after Olympus filed for a court declaration of non-infringement of the five patents.

In the motion, filed at the US District Court for the Northern District of California on October 25, Olympus said its APC products, such as the ESG-300 device, could be used for a variety of procedures beyond those identified by Erbe.

While APC products are normally used for monopolar argon plasma coagulation (MAPC) procedures, Olympus said “90% of ESG-300 uses are for non-MAPC procedures”.

Erbe is seeking an exclusion order which would prevent the allegedly infringing products from imported into the US.

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