US opens patent probe into Chinese medical device

Updated: 2013-08-20 11:04


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WASHINGTON -- The US International Trade Commission (ITC) on Monday initiated a patent investigation into a Chinese medical device company and its two US entities.

The products at issue are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea, the ITC said in a statement.

The probe is based on a complaint filed by ResMed Corp on July 19, who claimed Section 337 violations involving patents infringement, and requested a limited exclusion order and cease and desist orders, the federal bipartisan panel said.

The investigation does not mean the ITC, a second government body, has made any decision on the merits of the case. Within 45 days, the body will set a target date for completing the investigation.

Should the complaint be approved, the panel will issue remedial orders, such as a ban on importation of accused products.

The United States has launched several antidumping, countervailing and Section 337 investigations against Chinese products this year. The Chinese Ministry of Commerce has repeatedly urged Washington to abide by its commitment against protectionism and help maintain a free, open and just international trade environment.

As the US economy is undergoing a slow recovery, protectionist practices by the world's largest economy are on the rise.

Washington maintained in November 117 antidumping(AD) and countervailing duty (CVD) orders on imports of a wide range of Chinese products, including consumer goods, steel products, agricultural products, seafood and chemicals.

ITC alleged these products were sold at less than fair value in the US market and domestic industry was materially injured by imports of these products.