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New IPR Infringement Investigation of Drug Used to Treat Hemophilia

Tuesday, May 19, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-956 to determine whether imports of certain recombinant factor VIII products are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are used to treat patients with hemophilia A.

Complainants Baxter International Inc., Baxter Healthcare Corporation and Baxter Healthcare SA request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Denmark and the U.S.

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