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Astrid Fiano, DOTmed News Writer | September 08, 2010
The U.S. International Trade Commission has announced it is instituting an investigation of Medical Depot Inc. (doing business as Drive Medical Design and Manufacturing, of Port Washington, N.Y.) and Shanghai Shunlong Physical Therapy Equipment Co. Ltd. of China, regarding alleged patent infringement of certain adjustable-height beds and components for the beds. The beds are used in home health care.
The investigation is based on a complaint filed by Invacare Corporation of Elyria, Ohio. Invacare's complaint alleges violations of the Tariff Act of 1930, in that the beds and components infringe Invacare patents. Invacare is asking that ITC issue an exclusion order and cease-and-desist orders.
According to Invacare's complaint filed with the ITC, Shunlong and Drive Medical have imported or offered for sale products including full electric beds, full electric low beds, semi-electric beds and semi-electric low beds, which Invacare says infringes its patents.
The USITC is an independent quasi-judicial federal agency that has broad investigative powers on issues regarding trade. An ITC administrative law judge will schedule and hold an evidentiary hearing to determine if a violation occurred in this case. The initial determination is subject to review by the commission.
Invacare manufactures and distributes products for persons with disabilities and for long term care. Drive Medical Design manufacturers and distributes durable medical equipment in the home health care, medical/surgical and rehabilitation markets. Shunlong manufactures and sells therapy equipment.
