Covid-Test Swabs Cleared of Patent Infringement by Appeals Court

Several importers of swabs used in Covid-19 testing maintained their win over a patent owner seeking to block the products from the US, as the Federal Circuit summarily affirmed a US International Trade Commission decision.

In an unsigned order Thursday, the US Court of Appeals for the Federal Circuit affirmed the ITC’s interpretation of key terms and its conclusion that the imported swabs don’t infringe Copan Italia SpA’s US Patent Nos. 9,011,358, 9,173,779, and 10,327,741.

Copan Italia had accused more than a dozen companies in the US, China, and South Korea of infringement. Businesses named in the ...