USITC Has Voted To Institute An Investigation Of Invacare vs Drive and Shanghai Shunlong Bed Claim

By on September 3, 2010 in China Manufacturing, Editorial

United_States_International_Trade_Commission_seal

United States International Trade Commission Seal

Time will tell if this claim prevails however in a week where the industry has been accused of outsourcing jobs, in a market where the barriers to entry seem to be getting lower and lower – beware – companies will fight harder to protect intellectual and other property rights.

September 2, 2010

The U.S. International Trade Commission USITC has voted to institute an investigation of certain adjustable-height beds and components thereof. The products at issue in this investigation are adjustable beds, used for home health care, that allow for the height of the bed spring to be adjusted relative to the floor.The investigation is based on a complaint filed by Invacare Corporation of Elyria, OH, on August 5, 2010.

The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain adjustable-height beds and components thereof that infringe patents asserted by Invacare. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:Medical Depot, Inc., d/b/a Drive Medical Design and Manufacturing, of Port Washington, NY; and Shanghai Shunlong Physical Therapy Equipment Co., Ltd., of China.

via ITC Section 337 Inv.: Adjustable-Height Beds; September 2, 2010.

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About Frank Barlin

Frank is the founder and managing partner at Sibaya. He provides recognized leadership in homecare consulting and has advised firms ranging in size from those listed on the NYSE and the LSE to early stage startups. Frank’s international experience is broad-based, having spent his professional life based in Europe, the United States and South Africa. Prior to founding Sibaya in 2002 he was European Vice President for a publicly traded healthcare company. In addition he has held various country general management positions and directorships. Recent home healthcare projects include European business development, acquisition strategy and advice, competitive benchmarking, Asian outsourcing and turnaround management. He works out of the Paris office.
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