ITC Reviews Patent Ruling on Dermatological Devices Imports
Published Date: 3/6/2025
Notice
Summary
The U.S. International Trade Commission is rechecking a decision about certain skin treatment devices that might have broken patent rules. This affects companies importing or selling these devices in the U.S., with possible changes in what products can be sold and how. They’re asking for opinions on fixes, public impact, and money matters soon, so stay tuned for updates that could affect the market and wallets.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Possible U.S. import ban on devices
The ALJ recommended a limited exclusion order and cease-and-desist orders against a respondent, and the Commission may order exclusion of the accused dermatological devices from entry into the United States. If the Commission issues an exclusion order, those products could be barred from U.S. importation and sale, which would directly affect importers, U.S. sellers, and the named respondent EndyMed.
Bond requirement during 60-day review
If the Commission orders a remedy, the U.S. Trade Representative has 60 days to review it, and during that Presidential review period the subject articles may be allowed to enter the United States only under bond. The ALJ recommended a bond of 10% for the Accused Potenza Products, or alternatively a 5–6% bond if the 10% royalty rate is inapplicable; the Commission will determine the final bond amount and it is prescribed by the Secretary of the Treasury.
Two respondents removed from violation findings
Jeisys and Cynosure filed a petition for review on January 2, 2025, and the Commission determined to vacate the ID findings that pertained to Jeisys and Cynosure due to their termination from the investigation. That vacatur removes the specific violation findings in the ID for those two companies.
Possible repair/service exemption in remedy
The Commission invited briefing on whether remedial orders should include an exemption for service and repair, asking parties to address warranty terms, whether the exemption should cover parts or full replacement, and what the temporal cutoff should be (for example, issuance of the final determination or the end of the Presidential review period). If the Commission includes an exemption, service providers and customers could continue repairs or receive parts despite a broader exclusion or cease-and-desist order.
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Key Dates
Department and Agencies
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