The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency microneedle dermatological treatment devices and components thereof. The products at issue in the investigation are dermatological treatment devices that use micro-needles to delivery radio frequency into the skin.
The investigation is based on a complaint filed by Syneron Medical Ltd of Israel; Candela Corporation of Wayland, MA; and Massachusetts General Hospital of Boston, MA, on April 9, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain radio frequency microneedle dermatological treatment devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Invasix, Inc., of Lake Forest, CA;
Invasix, Ltd., of Yokneam, Israel;
Inmode Md, Ltd., of Lake Forest, CA;
Ilooda Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea;
Cutera, Inc., of Brisbane, CA;
Emvera Technologies, LLC, of Cedartown, GA;
Rohrer Aesthetics, LLC, of Homewood, AL;
Lutronic Corp. of Goyang-si, Geonggi-do, Republic of Korea;
Lutronic, Inc., of Billerica, MA;
Endymed Medical Inc. of New York, NY;
Endymed Medical Ltd. of Caesarea, Israel;
Sung Hwan E&B Co., Ltd., of Seoul, Republic of Korea;
Aesthetics Biomedical, Inc., of Phoenix, AZ;
Cartessa Aesthetics of Hockessin, DE;
Jeisys Medical, Inc., of Seoul, Republic of Korea;
Perigee Medical LLC of Tracy, CA;
Lumenis Ltd. of Yokneam, Israel; and
Pollogen Ltd. of Tel Aviv-Jaffa, Israel.
By instituting this investigation (337-TA-1112), 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.