Miraclean Prevails After Two Years in Flocked Swab Patent Dispute
Miraclean Prevails After Two Years in Flocked Swab Patent Dispute

Miraclean Prevails After Two Years in Flocked Swab Patent Dispute

Justice sign on a Law Courts building.

On December 7th, 2023, the U.S. Court of Appeals for the Federal Circuit upheld the U.S. International Trade Commission's (ITC) final ruling, deciding that Shenzhen Miraclean Technology Co., Ltd.’s flocked swabs did not violate Section 337.

This concludes a legal battle spanning over two years. Miraclean has invested enormous effort and resources fighting this case. Their persistence has paid off with a hard-won victory that showcases the confidence and strengthening of Chinese manufacturing, as well as enhanced awareness and capability for protecting independent intellectual property rights.

Background of the Dispute

In July 2021, Copan Italia S.p.A. of Italy and its Puerto Rican subsidiary filed a complaint to the ITC accusing Miraclean and 20 other respondents of patent infringement regarding flocked nasopharyngeal swabs. They requested general or limited exclusion orders and cease and desist orders against the imported products.

Over the next two years, the case underwent extensive litigation. Both sides presented evidence and arguments to the ITC. Ultimately, the ITC ruled in favor of Miraclean, deciding that their flocked swabs did not violate Copan's patents. This ruling was then upheld on appeal.

The Importance of Protecting IP

For over 10 years, Miraclean has specialized in providing sample preparation solutions for laboratories. Their experience highlights the growing value of independent intellectual property in manufacturing. Miraclean's own MANTACC® brand, established in 2016, now supplies billions of high-quality swabs for in vitro diagnostics globally each year.

This case illustrates the challenges Chinese companies can still face when expanding abroad, despite greatly increased IP protections and enforcement in recent years. Even unsubstantiated complaints can disrupt business operations and incur significant legal expenses. However, Miraclean's persistence also demonstrates that Chinese companies can prevail when their rights are violated.

China has made rapid advances in strengthening IP protections, including landmark patent law reforms in 2020. Chinese residents now file more patent applications than residents of any other country - 1.54 million in 2021 alone. The government is also pressing for faster handling of IP cases and heavier penalties for violations.

The Outcome and Path Forward

Miraclean's victory is not only a personal win, but also a victory for the entire industry and a reflection of China's comprehensive national strength. It will spur additional Chinese companies to resolutely develop brands and technologies.

Looking forward, Miraclean will continue expanding globally with increased confidence and ambition. This experience has only bolstered their commitment to keep driving technological innovations across more diversified products and services. And China's increasingly stringent IP regime will provide critical support for companies like Miraclean that are charting new frontiers in foreign markets.


Covid-Test Swabs Cleared of Patent Infringement by Appeals Court

Product Catalog