USITC to investigate cholesterol testing strips

The US International Trade Commission (ITC) announced yesterday that it will investigate certain blood cholesterol testing systems and strips after receiving a complaint from Polymer Technology System.

Indianapolis-based Polymer Technology System, a provider of surgical appliances, filed a complaint with the ITC in late April, claiming that healthcare company Acon Laboratories and its Chinese affiliate Acon Biotech were infringing three patents.

According to the complaint, the Acon companies had infringed US patent numbers 7,087,397; 7,625,721; and 7,494,818 through the sale of handheld, point-of-care testing systems and test strips under ‘The Mission’ brand.

“The Mission cholesterol monitoring system is designed to be used by individuals at home or a doctor’s office to test a patient’s blood for total cholesterol, HDL cholesterol, and triglycerides,” said the claim.

Polymer Technology System alleged violations of section 337 of the Tariff Act of 1930 through the importation of the systems and strips into the US, and requested that the ITC issue a limited exclusion order and a cease-and-desist order.

In the complaint, Polymer Technology System said that while the accused products provide a quicker and more convenient analysis of cholesterol than other products, they are not vital to the health of the patient. It added that there are numerous non-infringing products available in the US which are sufficient to “protect public health” even if they aren’t as quick or convenient.

An ITC administrative law judge will be assigned to the case and determine whether section 337 has been violated.

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