ITC Targets Crank-Turn Blood Flow Gadgets in Patent Crackdown
Published Date: 3/21/2025
Notice
Summary
The U.S. International Trade Commission is stepping up to enforce rules against certain blood flow restriction devices that break patent and trademark laws. This affects companies importing or selling these devices in the U.S., following orders issued last fall. If you’re involved, get ready for formal actions that could impact your business and sales soon!
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Import ban on certain blood‑flow devices
A general exclusion order issued on September 30, 2024 (corrected October 8, 2024) prohibits the importation into the United States of certain blood flow restriction devices with rotatable windlasses and components that infringe one or more of claims 1, 4, 15, and/or 16 of U.S. Patent No. 7,842,067. If you import or sell those infringing devices in the U.S., this order bars their lawful importation and could stop your ability to bring those products into U.S. markets.
Limited exclusion for defaulting respondents on trademarks and trade dress
The Commission issued a limited exclusion order (announced September 30, 2024 and corrected October 8, 2024) directed at defaulting respondents for infringement of Asserted Trademarks (U.S. Trademark Registration Nos. 3,863,064 and 5,046,378) and Asserted Trade Dress. Defaulting respondents covered by that order face restrictions on importation or sale of the identified articles under the CDOs.
Formal enforcement proceeding against named firms
Complainants filed an Enforcement Complaint on February 13, 2025 asking the Commission to investigate alleged violations of the cease and desist orders (CDOs). On March 17, 2025, the Commission instituted a formal enforcement proceeding under 19 CFR 210.75(a) to determine whether Rhino, Inc. (Lewes, Delaware) and Wuxi Emsrun Technology Co., Ltd. (Wuxi City, China) violated the CDOs and what enforcement measures, if any, are appropriate.
Complaint narrowed by withdrawal of some patent claims
Complainants withdrew many patent infringement allegations, including all allegations regarding U.S. Patent No. 8,888,807 and U.S. Patent No. 10,016,203 via Orders (e.g., Order No. 14 on November 2, 2023 and Order No. 19 on January 25, 2024). This narrowed the investigation’s patent scope to allegations primarily concerning U.S. Patent No. 7,842,067.
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