USITC Institutes Section 337 Investigation of Certain Over-the-Counter Topical Lidocaine Patches
Summary
The USITC voted to institute investigation 337-TA-1498 regarding certain over-the-counter topical lidocaine patches based on a complaint from J.A.R. Laboratories LLC alleging patent infringement under Section 337 of the Tariff Act of 1930. The complaint requests limited exclusion orders and cease and desist orders against 13 respondents including Veridian Healthcare, Perrigo, Opella Healthcare, Hisamitsu, and Reckitt Benckiser. The USITC has not yet made any decision on the merits.
What changed
The USITC has formally instituted an investigation of certain over-the-counter topical lidocaine patches under Section 337 of the Tariff Act of 1930. The investigation was initiated based on a complaint from J.A.R. Laboratories LLC alleging patent infringement regarding importation and sale of the products.
Respondents named include Veridian Healthcare LLC, Perrigo Company plc., Opella Healthcare Group SAS, Hisamitsu Pharmaceutical Co., and Reckitt Benckiser Group PL along with their U.S. affiliates. These companies face potential limited exclusion orders and cease and desist orders if the USITC finds a violation. Importers and manufacturers of OTC lidocaine patches should monitor this investigation closely as USITC remedial orders are effective immediately upon issuance.
What to do next
- Monitor investigation 337-TA-1498 proceedings and target date
- Review import supply chains for OTC lidocaine patches
- Consult IP counsel regarding potential exposure
Penalties
Potential limited exclusion orders and cease and desist orders if violation found; remedial orders become final 60 days after issuance unless disapproved by USTR
Archived snapshot
Apr 9, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
USITC Institutes Section 337 Investigation of Certain Over-the-Counter Topical Lidocaine Patches
April 9, 2026
News Release 25-057
Inv. No(s).
337-TA-1498
Contact: Claire Huber, 202-205-1819 USITC Institutes Section 337 Investigation of Certain Over-the-Counter Topical Lidocaine Patches
The U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain over-the-counter topical lidocaine patches. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed on behalf of J.A.R. Laboratories LLC of Lake Forest, Illinois, on March 10, 2026. Supplements to the complaint were filed on March 23, 2026, and March 30, 2026. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain over-the-counter topical lidocaine patches that infringe certain claims of the patent asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Veridian Healthcare LLC, Gurnee, Illinois
- Perrigo Company plc., Dublin, Ireland
- Perrigo Company, Allergan, Michigan
- Perrigo Direct, Inc., Peachtree City, Georgia
- Opella Healthcare Group SAS, Neuilly-sur-Seine, France
- Opella North America, Morristown, New Jersey
- Chattem, Inc., Chattanooga, Tennessee
- Hisamitsu Pharmaceutical Co., Inc., Tosu, Saga, Japan
- Hisamitsu U.S., Inc., Florham, New Jersey
- Hisamitsu America, Inc, Florham, New Jersey
- Reckitt Benckiser Group PL, Berkshire, United Kingdom
- Reckitt Benckiser LLC, Parsippany, New Jersey
- RB Health LLC, Parsippany, New Jersey By instituting this investigation (337-TA-1498), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
#
CONTACT US
HELPFUL RESOURCES
Named provisions
Related changes
Get daily alerts for ITC News Releases
Daily digest delivered to your inbox.
Free. Unsubscribe anytime.
About this page
Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission
Source document text, dates, docket IDs, and authority are extracted directly from USITC.
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
Classification
Who this affects
Taxonomy
Browse Categories
Get alerts for this source
We'll email you when ITC News Releases publishes new changes.
Subscribed!
Optional. Filters your digest to exactly the updates that matter to you.