On February 11, 2021, ALJ Cameron Elliot issued a notice
of initial determination ("ID") in Certain Bone
Cements and Bone Cement Accessories (Inv. No. 337-TA-1175).
According to the notice, the ALJ found no violation of section
337.
By way of background, this investigation was instituted on
September 23, 2019 based on a complaint filed by Zimmer, Inc. and
Zimmer US, Inc. (collectively, "Zimmer") alleging
violations of section 337 by Respondents Heraeus Medical GmbH of
Wehrheim, Germany and Heraeus Medical LLC of Yardley, Pennsylvania
(collectively, "Respondents") through the importation
and/or sale of certain bone cements and bone cement accessories by
reason of the misappropriation of trade secrets, false advertising,
and tortious interference.
According to the notice, ALJ Elliot determined there is no
violation of section 337 based on the following conclusions of
law:
- Zimmer owns the asserted trade secrets.
- TS 10 is a protectable trade secret.
- TS 11 is not a protectable trade secret.
- TS 15/28 are protectable trade secrets.
- Respondents did not misappropriate any trade secret.
- Respondents did not engage in false advertising.
- Respondents did not tortiously interfere with Zimmer's contracts or prospective business relationships.
- Zimmer has established a domestic industry.
- There is not and has not been a substantial injury or threat of injury to Zimmer's domestic industry by Respondents' actions.
A public version of the ID containing more detailed information will issue after all parties have submitted their proposed redactions to the ALJ.
Originally Published by Oblon, February 2021
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