On September 11, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Pool And Spa Enclosures (Inv. No. 337-TA-1069).

By way of background, this investigation is based on a May 10, 2017 complaint filed by Aqua Shield, Inc. of West Babylon, New York 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 pool and spa enclosures that infringe one or more claims of U.S. Patent No. 6,637,160. See our May 12, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Inter Pool Cover Team of the Czech Republic, Alukov HZ Spol. S.R.O. of the Czech Republic, Alukov, Spol. S.R.O. of Slovakia, Pool & Spa Enclosures, LLC of Monroe Township, New Jersey, and PoolAndSpa.com of Las Vegas, Nevada as the respondents in this matter.

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