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2020 ITC LEXIS 307

United States International Trade Commission

April 16, 2020

Investigation No. 337-TA-1116

Opinion

 [*1] NOTICE OF THE COMMISSION'S FINAL DETERMINATION FINDING A VIOLATION OF SECTION 337; ISSUANCE OF A LIMITED EXCLUSION ORDER; TERMINATION OF THE INVESTIGATION

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, by ACON Biotech (Hangzhou) Co., Ltd. of Hangzhou, China, and ACON Laboratories, Inc., of San Diego, California, and has determined to issue a limited exclusion order. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 708-5468. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal, telephone (202) 205-1810.

 [*2] SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 5, 2018, based on a complaint filed by Polymer Technology Systems, Inc. of Indianapolis, Indiana ("PTS"). 83 FR 26087-88. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale after importation within the United States after importation of certain blood cholesterol testing strips and associated systems containing the same by reason of infringement of one or more claims of U.S. Patent Nos. 7,087,397 ("the '397 patent"); 7,625,721 ("the '721 patent"); and 7,494,818 ("the '818 patent"). Id. at 26087. The notice of investigation named as respondents ACON Laboratories, Inc. of San Diego, California ("ACON Labs"), and ACON Biotech (Hangzhou) Co., Ltd. of Hangzhou, China ("ACON Bio") (collectively, "ACON"). The Office of Unfair Import Investigations is not a party to the investigation. Id. at 26088.

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2020 ITC LEXIS 307 *

In the Matter of CERTAIN BLOOD CHOLESTEROL TESTING STRIPS AND ASSOCIATED SYSTEMS CONTAINING THE SAME

CORE TERMS

patent, Notice, importation, infringement, terminated, violation of section