The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain in vitro fertilization products, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by EMD Serono, Inc., of Rockland, MA, on March 11, 2020, that was amended and supplemented on March 27, 2020. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain in vitro fertilization products, components thereof, and products containing the same that (i) infringe one or more trademarks asserted by the complainant, (ii) are falsely designated as to source, and (iii) are falsely advertised. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. The USITC has identified the following as respondents in this investigation:
FastIVF c/o Domains by Proxy LLC of Scottsdale, AZ;
Hermes Eczanesi of Istanbul, Turkey; and
General Plastik Drug Stores of Istanbul, Turkey.
By instituting this investigation (337-TA-1196), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.