By Eric Schweibenz and Kate Cappaert
On September 18, 2014, ALJ Thomas B. Pender issued the public version of Order No. 12 in Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, this investigation is based on a February 26, 2014 complaint filed by Bose Corp. ("Bose") alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. (collectively, "Monster") by way of importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on Bose's complaint and the Notice of Investigation, respectively.

According to the Order, Respondents Monster, Inc., Monster, LLC, and Monster Technology International Ltd. moved for summary determination that U.S. Patent No. 8,311,253 was invalid under 35 U.S.C. §102(b).  After reviewing the pleadings and exhibits, ALJ Pender found that summary determination was inappropriate because genuine issues of material fact remained. Accordingly, ALJ Pender denied the motion.