• Draeger Medical Systems Files New 337 Complaint Regarding Certain Thermal Support Devices For Infants
  • September 2, 2013 | Authors: Alexander B. Englehart; Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On August 29, 2013, Draeger Medical Systems, Inc. of Telford, Pennsylvania (“Draeger”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

    The complaint alleges that Atom Medical International, Inc. of Japan (“Atom”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain thermal support devices for infants, infant incubators, infant warmers, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,483,080 (the ‘080 patent) and 7,335,157 (the ‘157 patent) (collectively, the “asserted patents”).

    According to the complaint, the asserted patents generally relate to various features or components that may be included in a thermal support device.  In particular, the ‘080 patent relates to infant thermal support devices which have air circulation systems that include air warmers or heaters, and in particular to a fail-safe component in the air warmer or heater that prevents the system from overheating.  The ‘157 patent relates to a humidifier module for use in thermal support devices.

    In the complaint, Draeger states that Atom imports and sells products that infringe the asserted patents.  The complaint specifically refers to Atom’s Dual Incu i Infant Incubator and Warmer Model 100 and Incu i Infant Incubator Model 101 as infringing products.

    Regarding domestic industry, Draeger states that its Isolette C2000 and Isolette 8000 products practice and exploit the asserted patents.  According to the complaint, these products are designed, manufactured, and produced at Draeger’s facility in Telford, Pennsylvania.  Draeger also states that it employs 57 individuals with manufacturing responsibilities and 12 individuals with engineering, development, or technical responsibilities associated with its Isolette products.

    As to related litigation, Draeger states that on September 17, 2012, it sued Atom and Philips Electronics North America Corp. in the U.S. District Court for the Middle District of Florida for infringement of various patents, including the ‘080 patent.  Draeger further states that it later amended its complaint to include an assertion of infringement with respect to the ‘157 patent.

    With respect to potential remedy, Draeger requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at Atom and its successors and assigns.