On January 12, 2017, the U.S. International Trade Commission (“Commission”) issued issued a notice in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents based on their infringement of claims 8 and 19. On December 1, 2016, ALJ Theodore R. Essex granted ARM’s motion for summary determination that Respondents cannot prove their collateral estoppel defense as a matter of law. See our January 19, 2017 post for more details.

According to the January 12 notice, the Commission:

The Commission has determined to review the subject ID, and on review, has determined to affirm the ID under modified reasoning. A Commission opinion explaining its reasoning will issue shortly.