On May 21, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).  In the notice, the Commission determined to review ALJ David P. Shaw’s Initial Determination (“ID”) granting in part a motion for summary determination of non-infringement. 

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773.  See our August 22, 2013 and September 23, 2013 posts for more details on the complaint and notice of investigation, respectively.

On March 5, 2014, Respondents filed a motion for summary determination of non-infringement of the asserted claims of the ‘712 patent.  On April 17, 2014, ALJ Shaw granted Respondents’ motion in part finding that certain products do not infringe claims 1-20 of the ‘712 patent and that a genuine issue of material fact exists with respect to an additional product.  See our May 6, 2014 post for more details about ALJ Shaw’s summary determination ruling.   

According to the May 21, 2014 notice, the Commission determined to review the ID in its entirety.  Specifically the Commission requested that the parties brief their positions on the issues under review and noted a particular interest in responses to certain topics, including issues relating to whether claim 10 of the ‘712 patent should be treated as a means-plus-function claim.

Written submissions are due by May 28, 2014, with reply submissions due by June 2, 2014.