2023-11462: Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Institution of Investigation

Summary

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 24, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Composite Resources, Inc. of Rock Hill, South Carolina and North American Rescue, LLC of Greer, South Carolina. Supplements were filed on April 27, 2023, May 11, 2023, and May 18, 2023. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain blood flow restriction devices with rotatable windlasses and components thereof by reason of the infringement of: certain claims of U.S. Patent No. 7,842,067 ("the '067 patent"); U.S. Patent No. 8,888,807 ("the '807 patent"); and U.S. Patent No. 10,016,203 ("the '203 patent"); and; U.S. Trademark Registration No. 3,863,064 ("the '064 mark") and U.S. Trademark Registration No. 5,046,378 ("the '378 mark"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain blood flow restriction devices with rotatable windlasses by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The agency’s own summary, as published.