On March 27, 2017, ALJ Theodore R. Essex issued a notice of Initial Determination in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order and cease-and-desist orders directed at Eko Brands, LLC and other respondents based on their infringement of claims 8 and 19.

According to the March 27 notice, ALJ Essex determined:

the Commission's limited exclusion and cease and desist orders in this matter should not be enforced. Further, it is the recommended determination of the ALJ that the Commission's limited exclusion and cease and desist orders in this matter should be provisionally rescinded pending final resolution of the United States District Court for the Western District of Washington's determination of no infringement by Eko Brands, LLC and Espresso Supply, Inc., including the exhaustion of all appeals.