On January 12, 2016, ALJ Dee Lord issued Order No. 5 in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-972).
By way of background, this investigation is based on an October 19, 2015 complaint filed by Diebold, Inc. and Diebold Self-Service Systems alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,082,616; 7,121,461; 7,229,010; 7,249,761; 7,314,163; and 7,832,631. See our October 20, 2015 and November 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 5, ALJ Lord set the procedural schedule for the investigation. Specifically, ALJ Lord determined, inter alia, that the Markman hearing will take place on April 29, 2016; the evidentiary hearing will take place on August 29-September 2, 2016; the Initial Determination on alleged violation of Section 337 will be issued on November 21, 2016; and March 20, 2017 is the target date for completing the investigation (which is approximately sixteen months after institution of the investigation).