On August 22, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Road Milling Machines and Components Thereof (Inv. No. 337-TA-1067).

By way of background, this investigation is based on a July 19, 2017 complaint filed by Wirtgen America, Inc. of Antioch, Tennessee 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 of certain road milling machines and components thereof that infringe one or more claims of U.S. Patent Nos. 9,644,340; 9,624,628; 9,656,530; 7,530,641; and 7,828,309. See our July 26, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Caterpillar Bitelli SpA of Italy, Caterpillar Prodotti Stradali S.r.L. of Italy, Caterpillar Americas CV of Switzerland, Caterpillar Paving Products, Inc. of Minneapolis, Minnesota, and Caterpillar Inc. of Peoria, Illinois as the respondents in this matter.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that David P. Shaw will be the presiding Administrative Law Judge in this matter.