ITC upholds ruling in Jubilant-Bracco case

2016 11 08 16 44 12 318 Gavel 400

The U.S. International Trade Commission (ITC) has upheld an administrative law judge's ruling that Jubilant DraxImage did not violate unfair competition law by exporting its rubidium elution systems into the U.S., as alleged in a suit from contrast developer Bracco Diagnostics.

On December 2, the commission terminated its investigation into Jubilant DraxImage, allowing the company to continue exporting its Ruby-Fill rubidium-82 generators and related products and components into the U.S.

The commission agreed in October 2019 to review the judge's final initial determination in which he found no violation by Jubilant DraxImage of unfair competitive practices and no unfair acts involving the exportation and sale of its generators in the U.S.

The case stems from a lawsuit Bracco filed against Jubilant DraxImage in March 2018. Bracco alleged that the Canadian radiopharmaceutical firm infringed on patents regarding rubidium-based radiopharmaceuticals for cardiac PET studies and committed unfair competition by exporting and marketing its rubidium elution systems in the U.S. Also, Bracco asked the ITC to stop Jubilant from exporting its Ruby-Fill generators.

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