By John Presper
Further to our January 27, 2014 post, on February 12, 2014 ALJ Thomas B. Pender issued Order No. 3 in Certain Soft-Edged Trampolines and Components Thereof (Inv. No. 337-TA-908).

By way of background, the investigation is based on a December 24, 2013 complaint and December 31, 2013 and January 14, 2014 supplements to the complaint filed by Springfree Trampoline, Inc., Springfree Trampoline USA Inc., and Springfree Limited Partnership – all of Canada – alleging violations of Section 337 in the importation into the U.S. and sale of certain soft-edged trampolines and components thereof that infringe certain claims of U.S. Patent No. 6,319,174.  See our December 31, 2013 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Vuly Trampolines Pty Ltd. of Australia as the respondent in this investigation.  The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.  See our January 27, 2014 post for more details on the Notice of Investigation.

In the Order, ALJ Pender set April 6, 2015 as the target date for completing the investigation (which is approximately fourteen months after institution of the investigation).  In addition, ALJ Pender noted that the evidentiary hearing in this investigation will commence on August 1, 2014 and conclude no later than August 8, 2014.  In light of the 14-month target date, the ALJ left it up to the parties to decide whether they wish to have a Markman hearing.