On July 10, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).

The investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC - both of New York, New York - 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 post for more details on the complaint. 

According to the Notice of Investigation, the Commission has identified the following as the respondents:  

  • OraLabs, Inc. of Parker, Colorado
  • CVS Health Corp. of Woonsocket, Rhode Island
  • CVS Pharmacy, Inc. of Woonsocket, Rhode Island
  • Walgreens Boots Alliance, Inc. of Deerfield, Illinois
  • Walgreen Co. of Deerfield, Illinois
  • Dollar Tree, Inc. of Chesapeake, Virginia
  • Dollar Tree Stores, Inc. of Chesapeake, Virginia
  • Five Below Inc. of Philadelphia, Pennsylvania
  • Wuxi Sunmart Science and Technology Co., Ltd. of China
  • Wuxi Sunmart Plastic Co., Ltd. of China

Lastly, Chief ALJ Bullock issued a notice indicating that Thomas B. Pender will be the presiding Administrative Law Judge in this matter.