On October 3, 2016, ALJ Dee Lord issued Order No. 4 in Certain Krill Oil Products (Inv. No. 337-TA-1019).
By way of background, this investigation is based on an August 12, 2016 complaint filed by Aker BioMarine Antarctic AS and Aker BioMarine Manufacturing, LLC 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 krill oil products and krill meal for production of krill oil products that infringe one or more claims of U.S. Patent Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and 9,375,453. See our August 17, 2016 and September 14, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 4, ALJ Lord set January 16, 2018 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Lord determined, inter alia, that the evidentiary hearing will take place on June 26-30, 2017; and the Initial Determination on alleged violation of Section 337 will be issued on September 15, 2017.