A cross-disciplinary team of litigation attorneys from Drinker Biddle’s Intellectual Property practice won a significant victory before the United States International Trade Commission (ITC), successfully defending longtime clients GC Corporation and GC America against allegations of patent infringement brought by Ivoclar Vivadent AG and several affiliates. The public version of the unanimous Commission final determination was released this week.
This ruling by the full Commission affirms an initial determination of “no violation” issued by the ITC’s Chief Administrative Law Judge in July, after a full trial on the merits, and clears GC’s Initial® LiSi Press lithium disilicate ingots of accusations that these FDA regulated medical devices violated Section 337 of the Tariff Act of 1930. Certain Dental Ceramics, Products Thereof, and Methods of Making the Same, Inv. No. 337-TA-1050 (83 FR 66303)
“This win before the International Trade Commission is an important one, and represents a dramatic victory in a hard-fought courtroom battle between global competitors,” said Robert L. Stoll, Drinker Biddle’s Intellectual Property practice co-chair. “More importantly, this was a mission-critical engagement for our clients and their customers. We are proud that the Drinker Biddle trial team, led by our partners Jeffrey Eichen and Darren Cahr, helped ensure that GC’s Initial LiSi Press ingots will still be available to dentists and dental laboratories in the United States without disruption."
Along with Eichen and Cahr, the Drinker Biddle Intellectual Property litigation trial team included partners Carrie Beyer and Keith Walter, counsel Curt Lambert and Hui-Ju Wu, Ph.D., and associates Claudia Schultze, Ph.D., Daniel Brewer, Nick Colic and Nicholas Stevens.