On December 9, 2015, Chief ALJ Charles E. Bullock issued Order No. 3 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 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.
According to Order No. 3, ALJ Bullock set March 20, 2017 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Bullock directed the parties to submit proposed procedural schedules by December 21, 2015. ALJ Bullock further noted that theMarkman hearing will take place on February 17, 2016; and the evidentiary hearing in this investigation will take place on August 1-5, 2016.