Fed Cir: Laerdal Medical v ITC – ITC Should Address Sec.1337 Pleading Defects Pre-Proceeding

Plaintiff filed a complaint with ITC alleging, inter alia, trade dress infringement by respondent.  Respondent defaulted.  ITC declines to issue relief regarding trade dress, finding that that “Laerdal failed to plead sufficiently (1) that it suffered the requisite harm, (2) the specific elements that constitute its trade dresses, and (3) that its trade dresses were not functional.”  Laerdal appealed. Fed Circuit:  The word ‘shall’ in Section 1337 obligates the ITC to grant relief if the proceeding was initiated and respondent defaulted.  The time to bring up pleading defects is prior to initiating a proceeding. Justia Summary: Laerdal, which manufactures and distributes medical devices, filed a complaint at the International Trade Commission asserting violations of 19 U.S.C. 1337 by infringement of Laerdal’s patents, trademarks, trade dress, and copyrights by importing, selling for importation, or selling within the U.S.…

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