COPAN Resolves U.S.I.T.C. Unfair Competition Investigation with Several Manufacturers and Distributors of Imported Flocked Swabs
December 21, 2021 | Brescia, Italy
COPAN announces the resolution of its United States International Trade Commission complaint with respondents Cardinal Health, Inc., Innovative Product Brands, Inc., Innovative Product Brands, Inc., KSL Biomedical, Inc., KSL Diagnostics, Inc., Thomas Scientific, LLC, Vectornate Korea Ltd., Vectornate USA, Inc., and VWR International, LLC. COPAN has filed a joint request with each settling respondent seeking termination from the on-going investigation as a result of the settlements.
COPAN had previously announced that the U.S.I.T.C. instituted an unfair importation investigation, conducted pursuant to 19 U.S.C. § 1337, against several manufacturers and distributors of imported flocked swabs and products containing the flocked swabs. In the complaint, COPAN Italia S.p.A. and its Puerto Rico based manufacturing subsidiary alleged that the accused devices and products infringe several of its U.S.-issued patents, and requested an exclusion order against the named respondents, as well as a general exclusion seeking an order directing U.S. Customs to stop the infringing imports from entering the United States. The investigation is entitled In the Matter of Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same, No. 337-TA-1279.
Three months out from institution of the ITC investigation, COPAN now announces the following agreements:
- COPAN, Cardinal Health, and Innovative Product Brands have amicably resolved the allegations set forth in COPAN’s complaint. COPAN and Cardinal Health are pleased to have reached a business resolution to the investigation and look forward to expanding their commercial relationship.
- COPAN and KSL have jointly filed to terminate the investigation based on KSL’s consent order stipulation. KSL agreed to not sell for importation, import, or sell within the United States after importation, any products accused of infringement in the investigation, except under consent or license from COPAN.
- COPAN and Thomas Scientific have amicably resolved the allegations set forth in COPAN’s complaint filed at the United States International Trade Commission concerning the importation and sale after importation of flocked swabs and products containing them and that the Parties have agreed on an expanded commercial relationship going forward and are pleased to have reached a business resolution to the ITC’s investigation.
- COPAN and Vectornate have resolved the dispute between them on confidential terms and have agreed to a commercial relationship concerning flocked swabs and related products for the United States market. As part of the resolution, Vectornate has agreed to cease importing, distributing, an/or offering for sale the products accused of infringement within the United States
- COPAN and VWR have amicably resolved the allegations set forth in COPAN’s complaint filed at the United States International Trade Commission concerning the importation and sale after importation of flocked swabs and products containing them. COPAN and VWR have had a long business relationship and are pleased to have reached a business resolution to this investigation. COPAN and VWR look forward to supporting each other in driving mutual growth in the Americas.
COPAN’s General Counsel Lorenzo Fumagalli commented that “COPAN is extremely pleased that it has been able to achieve so many meaningful and beneficial outcomes in so short a period of time.” The ITC investigation will continue as to the remaining respondents, and with respect to COPAN’s request for a general exclusion order.
About COPAN Group
With a reputation for innovation, COPAN is the leading manufacturer of collection and transport systems in the world. COPAN’s collaborative approach to pre-analytics has resulted in Flocked Swabs, ESwab™, UTM Universal Transport Medium®, and laboratory automation, WASP® and WASPLab®. COPAN carries a range of microbial sampling products, inoculation loops, and pipettes. For more information, visit www.copangroup.com