The investigation is based on a complaint filed by CryoCor, Inc., of San Diego, CA, and AMS Research Corporation of Minnetonka, MN, on February 28, 2008. The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain catheter, consoles and other apparatus for cyrosurgery and components thereof that infringe patents owned by AMS Research and licensed to CryoCor. The complainants request that the ITC issue an exclusion order and cease and desist orders.
The ITC has identified CryoCath Technologies, Inc., of Canada as the respondent in this investigation.
By instituting this investigation (337-TA-642), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. In addition, the Commission has authorized Judge Bullock to take evidence and make findings regarding the public interest.
The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.