On June 2, 2016, ALJ MaryJoan McNamara issued Order No. 2 in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-997).

By way of background, this investigation is based on an April 14, 2016 complaint filed by ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia alleging violation of Section 337 in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. RE44,453; 8,020,551; 8,006,691; and 9,072,860. See our April 15, 2016 and May 16, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 2, ALJ McNamara set November 17, 2017 as the target date for completing the investigation (which is approximately eighteen months after institution of the investigation). In addition, ALJ McNamara directed the parties to submit discovery statements and proposed procedural schedules by June 13, 2016. ALJ McNamara further noted that the evidentiary hearing in this investigation will commence on January 23, 2017 and any final initial determination should be filed no later than July 17, 2017. Lastly, Order No. 2 includes ALJ McNamara's ground rules which will govern the investigation.