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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`In the Matter of
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`CERTAIN FLOCKED SWABS,
`PRODUCTS CONTAINING FLOCKED
`SWABS, AND METHODS OF USING
`SAME
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`Investigation No. 337-TA-1279
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` CONSENT ORDER
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`The United States International Trade Commission (“Commission”) instituted the above
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`captioned investigation (“Investigation”) based on the allegations contained in the Complaint filed
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`by Complainants Copan Italia S.p.A. and Copan Industries, Inc. (together “Copan” or
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`“Complainants”) on September 2, 2021. See 86 Fed. Reg. 49343 (Sept. 2, 2021). The supplemented
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`Complaint alleges a violation of Section 337 of the Tariff Act of 1930, as amended, based on the
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`alleged importation into the United States, sale for importation, and/or sale within the United States
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`after importation into the United States after importation of certain flocked swabs, products
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`containing flocked swabs, and methods of using the same that infringe one or more claims of U.S.
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`Patent Nos. 9,011,358 (“the ’358 patent”), 9,173,779 (“the ’779 patent”), and 10,327,741 (“the
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`’741 patent”) (collectively, the “Asserted Patents”). See id. The Complaint named 26 proposed
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`Respondents, including Fosun Pharma USA Inc. (“Fosun”). See id. This investigation was
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`instituted on September 2, 2021. See id.
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`NOW, THEREFORE, the Commission issues the following Consent Order:
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`1.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(i), the Complainants in this Investigation are
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`Copan Italia S.p.A. and Copan Industries, Inc. (together, “Copan”). Copan Italia S.p.A. (“Copan
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`1
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`Italia”) is a public company under the laws of Italy, having an address of Via F. Perotti 10, 25125,
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`Brescia, Italy. Copan Industries, Inc. (“Copan Industries”), a private company, owned 90% by
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`Copan Italia, is organized under the laws of Puerto Rico, having a physical address of Carr. 110
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`Km. 28.8, San Antonio Industrial Park, Aguadilla, PR 00603, and having a postal address of 1068
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`Ave. General Ramey, #789 San Antonio, PR 00690.
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`2.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(i), the Respondent covered by this Consent
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`Order is Fosun Pharma USA Inc., a Delaware Corporation with a principal place of business at
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`104 Carnegie Center Dr., Suite 204, Princeton, New Jersey 08540.
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`3.
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`Copan alleges that Fosun imports into the United States, sells for importation,
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`and/or sells within the United States after importation, certain flocked swabs, products containing
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`flocked swabs, and methods of using the same that infringe claims 1, 6 and 11 of the ’358 patent,
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`claims 1 and 9 of the ’779 patent, and claims 1, 3, 7, 10 and 18 of the ’741 patent. These claims
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`are collectively referred to as “the Patent Claims.”
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`4.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(i), the subject articles in this Investigation are
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`certain flocked swabs, products containing flocked swabs, and methods of using the same, such as
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`Fosun Nasopharyngeal Flocked Swabs and Fosun Oropharyngeal Flocked Swabs identified in the
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`Complaint, that infringe the Asserted Claims and that are imported into the United States, sold for
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`importation, and/or sold within the United States after importation (collectively, “the Subject
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`Articles”).
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`5.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(ii), Fosun has executed a Consent Order
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`Stipulation.
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`6.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(iii), Fosun shall not sell for importation,
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`import, or sell after importation the Subject Articles, directly or indirectly, and shall not aid, abet,
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`2
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`encourage, participate in, or induce the sale for importation, the importation, or the sale after
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`importation except under consent or license from Copan, provided, however, that Fosun has the
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`express consent from Copan to exhaust its current inventory of the Subject Articles.
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`7.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(iv), Fosun shall have the right to exhaust its
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`current inventory of the Subject Articles, and such exhaustion of the inventory shall not constitute
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`a breach, violation, or contempt of the Consent Order Stipulation or this Consent Order.
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`8.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(v), Fosun shall cease and desist from
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`importing the Subject Articles.
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`9.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(vi), Fosun shall be precluded from seeking
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`judicial review or otherwise challenging or contesting the validity of the Consent Order.
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`10.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(vii), Fosun shall cooperate with and shall not
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`seek to impede by litigation or other means the Commission’s efforts to gather information under
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`Subpart I of 19 C.F.R. Part 210.
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`11.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(viii), Fosun and its officers, directors,
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`employees, agents, and any other entity or individual acting on its behalf and with its authority
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`shall not seek to challenge the validity or enforceability of any of the Asserted Claims in any
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`administrative or judicial proceeding to enforce the Consent Order.
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`12.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(ix), when any of the Asserted Patents expire,
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`the Consent Order will become null and void as to such Asserted Patent(s).
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`13.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(x), if any of the Patent Claims are held invalid
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`or unenforceable by a court or agency of competent jurisdiction, or if any of the Subject Articles
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`have been found or adjudicated not to infringe any of the Patent Claims in a final decision, no
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`3
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`longer subject to appeal, this Consent Order shall become null and void as to such invalid or
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`unenforceable Patent Claim or such adjudicated Subject Article(s).
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`14.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(xi), Fosun admits that the Commission has
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`(x) in personam jurisdiction over it for the purposes of the Stipulation and this Consent Order, (y)
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`in rem jurisdiction over the Subject Articles, and (z) subject matter jurisdiction over this
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`Investigation.
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`15.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(xii), this Investigation is hereby terminated
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`with respect to Fosun; provided, however, that enforcement, modification, or revocation of the
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`Consent Order shall be carried out pursuant to Subpart I of 19 C.F.R. Part 210.
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`By order of Commission.
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`Issued: May 27, 2022
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`
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`Lisa R. Barton
`Secretary to the Commission
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`4
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