Blank Rome Wins ITC Initial Determination in Favor of West Pharmaceutical Services, Inc. and West Pharma. Services IL, Ltd.
A Blank Rome team won a significant patent infringement determination before the U.S. International Trade Commission (“ITC”) for West Pharmaceutical Services, Inc. and West Pharma. Services IL, Ltd. (“West”). West designs and sells liquid transfer devices—medical devices used in hospitals to administer intravenous medications to patients. The initial determination in favor of West was published on March 22, 2024.
An ITC patent investigation is a substantially compressed patent litigation that, if successful, results in an injunction at the border to stop the importation of infringing goods into the United States. Last April, West filed its complaint against Respondents Advcare Medical, Inc., Dragon Heart Medical, Inc., and Summit International Medical Technologies, Inc. (“Summit”), to enjoin their importation of infringing liquid transfer devices.
Following a two-day trial in December 2023, the Chief Administrative Law Judge (“CALJ”) issued an extensive initial determination finding that West has established a domestic industry for its patented liquid transfer device and that the Respondents are violating Section 337 of the Tariff Act of 1930 by importing infringing goods. The CALJ recommended an exclusion order against the Respondents to stop any further importation of the infringing goods, and a cease and desist order against Summit to stop any further sales of inventory in the United States.
The Blank Rome team consisted of Domingo LLagostera, Megan Wood, Russell Wong, David Perry, Jillian Taylor, Michael Rubin, and Sydney Salters. Blank Rome professionals Desiree January, M’Liss Hindman, and Sylvia Martinez assisted in the litigation.