Intellectual Property News and Reports

Laerdal Medical Corp. and Laerdal Medical AS (collectively, “Laerdal”) appeal from the U.S. International Trade Commission’s final determination denying Laerdal relief based on claims of trade dress infringement against defaulting respondents. Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Med. Training Manikin Devices, USITC Inv. No. 337-TA-1008 (June 14, 2017). After instituting an investigation during which the named parties failed to participate and were deemed to be in default, the Commission concluded that Laerdal’s trade dress allegations had not been adequately pleaded, and therefore, denied Laerdal any remedy against the named parties.

We conclude that the Commission erred in reassessing the sufficiency of Laerdal’s complaint against defaulting respondents post-institution and in failing to assess the appropriate remedy to impose under the circumstances. We, therefore, reverse the Commission’s determination as to Laerdal’s trade dress claims and vacate and remand for the Commission to determine the proper remedy.

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