• ALJ Bullock Grants Motion For Summary Determination On Economic Prong Of Domestic Industry In Certain Hemostatic Products (337-TA-913)
  • January 19, 2015 | Authors: John F. Presper; Eric W. Schweibenz
  • Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On December 9, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 26 (dated November 13, 2014) granting Complainants Baxter International Inc., Baxter Healthcare SA, and Baxter Healthcare Corporation's (collectively, "Baxter") motion for summary determination that the economic prong of the domestic industry requirement has been satisfied in Certain Hemostatic Products and Components Thereof (Inv. No. 337-TA-913).

    By way of background, this investigation is based on a complaint filed by Baxter alleging violation of Section 337 by Ethicon, Inc. and Ferrosan Medical Devices A/S (collectively, the "Respondents") in the importation into the U.S. and sale of certain hemostatic products that infringe one or more claims of U.S. Patent Nos. 8,303,981; 8,512,729; 6,066,325; 8,357,378; and 8,603,511 (collectively, the "Asserted Patents").

    According to the Order, Respondents did not contest that Baxter satisfied the economic prong for each of the asserted patents. Also, the Commission Investigative Staff supported the motion. Because "[t]here is no dispute that Baxter has a significant investment in plant and equipment and significant employment of labor and capital at its Hayward manufacturing facility in California to establish a domestic industry," ALJ Bullock granted Baxter's motion for summary determination that it satisfied the economic prong of the domestic industry requirement.