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NEWS RELEASE 04-036; May 3, 2004 May 3, 2004
News Release 04-036
Inv. No. 337-TA-507

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN MEDICAL DEVICES USED TO COMPACT INNER BONE TISSUE AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain medical devices used to compact inner bone tissue and products containing same. The products at issue in this investigation are surgical devices used to treat or prevent spinal fractures, particularly spinal compression fractures caused by osteoporosis or cancer.

The investigation is based on a complaint filed by Kyphon Inc., Sunnyvale, CA, on April 5, 2004, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain medical devices used to compact inner bone tissue and products containing same that infringe patents owned by Kyphon. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

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

By instituting this investigation (337-TA-507), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Delbert R. Terrill, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Terrill 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 President of the United States within that 60-day period.

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