On September 8, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Athletic Footwear (Inv. No. 337-TA-1018).

By way of background, this investigation is based on an August 10, 2016 complaint filed by Reebok International Ltd. of Canton, Massachusetts and Reebok International Ltd. of the United Kingdom 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 certain athletic footwear products that infringe one or more claims of U.S. Patent Nos. 7,637,035 and 8,505,221. See our August 10, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified TRB Acquisitions LLC, RBX Active 01 LLC, RBX DIRECT LLC, RBX.COM LLC, and Elite Performance Footwear, LLC—all of New York, New York as the respondents. The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party to this investigation.

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