On March 10, 2015, Chief ALJ Charles E. Bullock issued Order No. 26 in Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930).
By way of background, this investigation is based on an August 18, 2014 complaint filed by RevoLaze, LLC and TechnoLines, LLC (collectively, "Complainants") alleging violation of Section 337 in the importation into the U.S. and sale of certain laser abraded denim garments that infringe one or more claims of U.S. Patent Nos. 5,990,444; 6,140,602; 6,252,196; 6,664,505 (the '505 patent); 6,819,972; and 6,858,815. See our August 19, 2014 and September 19, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, Complainants filed a motion seeking a summary determination that the inventor of the asserted '505 patent and his counsel did not commit inequitable conduct for failure to disclose certain prior art, which Respondents opposed.
ALJ Bullock held that genuine issues of material fact remained and good cause does not exist to grant the motion in lieu of an evidentiary hearing on the merits. Accordingly, ALJ Bullock denied Complainants' motion.