By Eric Schweibenz
On September 5, 2017, ALJ David P. Shaw issued Order No. 4 in Certain Road Milling Machines and Components Thereof (Inv. No. 337-TA-1067).

By way of background, this investigation is based on a July 19, 2017 complaint filed by Wirtgen America, Inc. of Antioch, Tennessee 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 of certain road milling machines and components thereof that infringe one or more claims of U.S. Patent Nos. 9,644,340; 9,624,628; 9,656,530; 7,530,641; and 7,828,309. See our July 26, 2017 and August 23, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 4, ALJ Shaw set December 26, 2018 as the target date for completing this investigation (which is approximately 16 months after institution of the investigation). ALJ Shaw further noted that the initial determination on violation will be due on August 24, 2018.