After a year-long litigation battle, Wuxi NEST Biotechnology Co.,Ltd, has emerged victoriously in a patent infringement case filed by Copan Italia S.p.A. and Copan Industries, Inc. (“Copan”). The complaint alleged that NEST and some other swab manufactures and sellers violated section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flocked swabs, kits containing flocked swabs, and methods of using same that infringe patents asserted. Copan requested that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The case raised extensive public interest because Copan sought to block a major source of the specialized swabs used in COVID-19 testing from the U.S market at that time. However, after a thorough review of the evidence and hearing arguments from the parties, the US ITC issued a 4-page notice affirming that NEST had not infringed on any of the patents in question. Afterwards, the Initial Determination also struck a significant portion of Copan's domestic industry contentions and evidence based on Copan's failure to timely disclose its contentions.
This victory in the case is a significant win and justification for NEST, which has been at the forefront of developing innovative disposable laboratory consumables for the medical and scientific communities. As a matter of fact, NEST’s flocked swabs, in particular, have been widely praised for their effectiveness in collecting and preserving samples for testing. Upon receiving the complaint, NEST had proactively investigated the case and arranged to collect the decisive data concerning product development, manufacture and importation into the US.
This victory is not only a testament to NEST's determination to defending its intellectual property rights, but also a reminder for other innovative companies to challenge any attempts at monopolistic control. Mr. Yang Weidong, the CEO of NEST expressed, "We are pleased that the ITC has recognized the validity of our products and our commitment to innovation," he also pledged, "We remain dedicated to providing our customers with high-quality, reliable life sciences products and to increase the investment into R&D." With this victory, NEST can continue to focus on developing new and innovative products that benefit patients and researchers around the world.
The official decision of the Court is as follows:
