The U.S. International Trade Commission has voted to start an investigation of certain adjustable-height beds and their components at the request of Ohio-based Invacare. The complaint alleges violations of the Tariff Act of 1930 and sale of certain adjustable-height beds that infringe patents asserted by Invacare. The complainant requests that the USITC issue exclusion and cease and desist orders.
The USITC has identified Drive Medical Design and Manufacturing of Port Washington, NY, and Shanghai Shunlong Physical Therapy Equipment of China as the respondents in the dispute. The case will be assigned to one of six administrative law judges, who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation.
Previously, Invacare filed a patent infringement suit against Drive Medical claiming infringement of the same patents, as well patents for the Invacare Rollite rollators, MedCity News reports. That case is ongoing.
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