The International Trade Commission said it received a complaint Friday filed on behalf of ResMed Corp., ResMed Inc. and ResMed Ltd. seeking relief under Section 337 of the Tariff Act of 1930 for alleged intellectual property law violations by the importation, sale for importation and sale within the United States after importation of certain sleep-disordered breathing treatment mask systems and components thereof.
ResMed named as respondents Fisher & Paykel Healthcare Limited of New Zealand and Fisher & Paykel Healthcare Inc. and Fisher & Paykel Healthcare Distribution Inc., both of Irvine, Calif.
ResMed, headquartered in San Diego, is seeking a limited exclusion order on imports of certain sleep-disordered breathing treatment mask systems and components thereof, a cease-and-desist order on their sale and imposition of a bond during the ITC’s 60-day review period.
ITC remedy orders in Section 337 cases are effective upon issuance and become final 60 days later, unless disapproved for policy reasons by the Office of the U.S. Trade Representative within that two-month period.
The ITC is seeking comments on any public interest issues raised by the complaint no later than by the end of Sept. 15.
Section 337 of the Tariff Act of 1930 declares infringement of a U.S. patent, copyright, registered trademark or mask work to be unlawful in import trade. The provision also holds as unlawful other unfair methods of competition and unfair acts in the importation and subsequent sale of products in the United States, the threat or effect of which is to destroy or substantially injure a domestic industry, prevent establishment of such an industry or restrain or monopolize U.S. trade and commerce.
If it finds violations under the statute, the ITC may issue orders prohibiting the importation of certain products into the United States.