October 21, 2014
News Release 14-105
Inv. No. 337-TA-934
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN DENTAL IMPLANTS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dental implants. The products at issue in this investigation are high-grade titanium dental implants capable of supporting a dental prosthesis, such as a crown, that are surgically placed into a patient's jawbone and designed to integrate within the patient's bone structure.
The investigation is based on a complaint filed by Nobel Biocare Services AG of Kloten, Switzerland, and Nobel Biocare USA, LLC, of Yorba Linda, CA, on September 25, 2014. A letter supplementing the complaint was filed on October 17, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dental implants that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Neodent USA, Inc., of Andover, MA; and
JJGC Indústria e Comércio de Materiais Dentários S/A of Curitiba, Parana, Brazil.
By instituting this investigation (337-TA-934), 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.