April 29, 2007
News Release 08-038
Inv. No. 337-TA-645
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN VEIN HARVESTING SURGICAL SYSTEMS AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain vein harvesting surgical systems and components thereof. The products at issue in this investigation are used for removing blood vessels from one part of a patient's body for transplantation to another part of the body or for use in another patient.

The investigation is based on a complaint filed by Maquet Cardiovascular L.L.C. of San Jose, CA, on April 1, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain vein harvesting surgical systems and components thereof that infringe patents owned by the complainant. The complainant requests that the ITC issue an exclusion order and cease and desist orders.

The ITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-645), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Carl C. Charneski, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Charneski 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.

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.

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