ITC Institutes Patent Investigation of "NuvaRing" Devices Against CVS, Wal-Mart, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain vaginal ring birth control devices pursuant to a complaint.
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(The product at issue in this investigation is the prescription drug NuvaRing®.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Femina Pharma Incorporated of Miami, FL, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain vaginal ring birth control devices that infringe a patent asserted by Femina Pharma.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
22 Companies Alleged to Be in Violation of Section 337
The ITC has identified the following as the respondents alleged to be in violation of section 337 in this investigation:
- ABC Online Pharmacy dba www.abconlinepharmacy.com of Canada;
- BestBuyRx.com dba www.bestbuyrx.com of Canada;
- Big Mountain Drugs dba www.bigmounntaindrugs.com of Canada;
- Blue Sky Drugs dba www.Blueskydrugs.com of Canada;
- Canada Drugs Online dba www.Canadadrugsonline.com of Canada;
- Canada Pharmacy dba www.CanadaPharmacy.com of Blaine, WA;
- Canadadrugs.com LP dba www.Canadadrugs.com of Canada;
- Canadian Med Service dba www.canadianmedservices.com of Canada;
- CanDrug Health Solutions Inc. dba www.candrug.com of Canada;
- CVS Caremark Corporation of Woonsocket, RI;
- CVS Pharmacy, Inc., of Woonsocket, RI;
- Drug World Canada dba www.drugworldcanada.com of Canada;
- Merck & Co., Inc., of Whitehouse Station, NJ;
- N.V. Organon of the Netherlands;
- North Drug Store dba www.northdrugstore.com of Canada;
- Organon USA, Inc., of Durham, NC;
- Panther Meds Inc. dba www.panthermeds.com of Canada;
- Schering Plough Corporation of Kenilworth, NJ;
- The Canamerican Drugs Inc. dba www.77Canadapharmacy.com, www.medcentercanada.com, and www.tigerdrugs.com of Canada;
- The Canamerican Global Inc. dba www.canamericanglobal.com of Canada;
- Walgreens Co. of Deerfield, IL; and
- Wal-Mart Stores, Inc., of Bentonville, AR.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
1Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
(Press release dated 03/24/11, Inv. No. 337-TA-768)