On June 25, 2015, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Automatic Teller Machines And Point Of Sale Devices and Associated Software Thereof (Inv. No. 337-TA-958).
By way of background, this investigation is based on a May 4, 2015 complaint filed by Global Cash Access, Inc. of Las Vegas, Nevada alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines ("ATMs") and point-of-sale ("POS") devices and associated software thereof, that infringe one or more claims of U.S. Patent No. 6,081,792. The complaint further alleges violations of Section 337 based upon the importation into the U.S., the sale for importation, and the sale within the United States after importation of certain automated teller machines and point of sale devices and associated software thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. See our May 15, 2015 and June 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, ALJ Bullock set October 9, 2016 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Bullock directed the parties to submit proposed procedural schedules by July 8, 2015. ALJ Bullock further noted that the Markmanhearing in this investigation will take place on October 6, 2015 and the evidentiary hearing in this investigation will take place on March 7-11, 2016.