On September 16, 2014, Chief ALJ Charles E. Bullock issued Order No. 11 in Certain Archery Products and Related Marketing Materials (Inv. No. 337-TA-919).
By way of background, this investigation is based on a May 9, 2014 complaint filed by Bear Archery, Inc. and SOP Services, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain archery products that infringe one or more claims of U.S. Patent Nos. RE38,096, 6,978,775, and 7,226,375, and related marketing materials that infringe U.S. Trademark Reg. No. 2,501,255 for the mark WHISKER BISCUIT ARROW REST and U.S. Trademark Reg. No. 3,312,392 for the mark WHISKER BISCUIT. See our May 12, 2014 and June 12, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
In the Order, ALJ Bullock found Respondent Ningbo Topoint Outdoor Sports Co., Ltd. ("Ningbo") in default based on its failure to respond to the Complaint and Notice of Investigation, or otherwise participate in this Investigation. Accordingly, ALJ Bullock determined that Ningbo waived its right to appear, be served with documents, and to contest the allegations at issue in this Investigation.