Erbe Elektromedizin GMBH v. Int'l Trade Comm'n

ERBE Elektromedizin GmbH and ERBE USA, Inc. (collectively “ERBE”) commenced proceedings before the International Trade Commission (“ITC”) under section 337 of the Tariff Act of 1930 alleging that Canady Technology, LLC and Canady Technology Germany GmbH (collectively “Canady”) engaged in contributory and induced infringement of claims 1, 3, 4, 11, 13, 35, 37, 38, 39, and 41 of U.S. Patent No. 5,720,745 (“’745 Patent”). These claims are drawn to an electrosurgical device and method of coagulating tissue using an endoscope with a plurality of “working channels.” We hold that the ITC correctly construed “working channel” and correctly found that ERBE presented no evidence of direct infringement of the asserted claims by Canady’s customers. Thus, Canady could not have engaged in contributory or induced infringement of the asserted claims. We affirm.

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