On January 23, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to review in part Chief ALJ Charles E. Bullock’s Initial Determination (“ID”) finding no violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using The Same (Inv. No. 337-TA-971).

By way of background, this investigation is based on an October 16, 2015 complaint filed by Select Comfort Corp. and Select Comfort SC Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress systems and components thereof by Respondents Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) that infringe one or more claims of U.S. Patent Nos. 5,904,172 and 7,389,554. See our October 19, 2015 and November 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 18, 2016, ALJ Bullock issued the ID finding no violation of Section 337. See our December 13, 2016 post for more details on the public version of the ID.

According to the January 23 notice, the Commission has determined to review seven issues relating to, among other things, claim construction, infringement, and domestic industry topics. The notice also requests further briefing on several questions with multiple subparts.

Written submissions are due February 6, 2017, with reply submissions due by February 13, 2017.