On July 28, 2016, ALJ Theodore R. Essex issued Order No. 3 in Certain Carbon Spine Board, Cervical Collar And Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof (Inv. No. 337-TA-1008).
By way of background, this investigation is based on a March 21, 2016 complaint, a May 18, 2016 amended complaint, and a June 7, 2016 supplement to the amended complaint filed by Laerdal Medical Corp. of Wappingers Falls, New York and Laerdal Medical AS of Norway alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain carbon spine board, cervical collar, and various medical training manikin devices, and accompanying product catalogs, product inserts, literature, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,090,058 and 6,170,486 and/or certain copyrights, trade dress rights, and trademarks. See our March 21, 2016 and June 29, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 4, ALJ Essex set September 25, 2017 as the target date for completing the investigation (which is approximately fifteen months after institution of the investigation). In addition, ALJ Essex directed the parties to submit proposed procedural schedules by August 4, 2016. ALJ Essex further noted that the evidentiary hearing in this investigation will commence on February 13, 2017; and any final initial determination should be filed no later than May 25, 2017.