On May 26, 2015, ALJ Dee Lord issued Order No. 3 in Certain Recombinant Factor VIII Products (Inv. No. 337-TA-956).
By way of background, this investigation is based on an April 16, 2015 complaint filed by Baxter International Inc., Baxter Healthcare Corp., and Baxter Healthcare SA alleging violation of Section 337 in the importation into the U.S. and sale of certain recombinant factor VIII products that infringe one or more claims of U.S. Patent Nos. 6,100,061; 6,936,441; and 8,084,252. See our April 17, 2015 and May 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 3, ALJ Lord set September 22, 2016 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Lord noted that the Markman hearing will take place on October 21, 2015; the evidentiary hearing will take place on March 14-18, 2016; and the Initial Determination on alleged violation of Section 337 will be issued on May 23, 2016.