On September 28, 2015, ALJ Thomas B. Pender issued Order No. 12 in Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).
By way of background, this investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC (collectively, the "Complainants") alleging violation of Section 337 in the importation into the U.S. and sale of certain lip balm products, containers for lip balm, and components thereof that infringe one or more claims of U.S. Patent No. 8,888,391. See our June 15, 2015 and July 14, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 12, ALJ Pender granted a motion filed by Complainants to (i) terminate the investigation as to Respondents Wuxi Sunmart Science and Technology Co., Ltd. a/k/a Wuxi Sunmart Group Co., Ltd. a/k/a Wuxi Shengma Science & Technology Co., Ltd. and Respondent Wuxi Sunmart Plastic Co., Ltd. (collectively, "Sunmart") based on a settlement agreement between Complainants and Sunmart; and (ii) withdraw the Complaint as to the remaining Respondents, including the CVS and Walgreens respondents.