ITC Blocks Import of Vial Adapter Liquid Transfer Devices
Published Date: 2/7/2025
Notice
Summary
The U.S. International Trade Commission found that some liquid transfer devices with built-in vial adapters violate patent rules. They’re stopping these products from being imported and ordered one company to stop selling them. This affects the companies making and selling these devices and could change what products are available soon.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Import ban for infringing vial adapters
The U.S. International Trade Commission determined on February 3, 2025 to issue a limited exclusion order that prohibits further importation into the United States of liquid transfer devices with an integral vial adapter that infringe claim 1 of U.S. Patent No. 10,688,295 by the three remaining respondents (Summit, Advcare, and Dragon Heart).
Cease-and-desist order against Summit
The Commission issued a cease and desist order directed to respondent Summit International Medical Technologies, Inc., requiring Summit to stop selling the infringing liquid transfer devices in the United States as of the Commission's February 3, 2025 determination.
Possible change in product availability
Because the Commission barred importation by the three respondents and issued a cease and desist order against Summit as of February 3, 2025, some liquid transfer devices with an integral vial adapter that previously were imported or sold by those companies may become unavailable in U.S. markets.
Bond set at 0% for remedial orders
The Commission determined that bond should be set at zero percent (0%) in connection with the remedial orders issued on February 3, 2025 (i.e., no bond).
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