By Eric Schweibenz and John Presper
On September 27, 2018, Chief ALJ Charles E. Bullock issued Order No. 5 setting the final procedural schedule for an early determination on whether Complainant FCA US LLC of Auburn Hills, Michigan (“FCA”) is contractually barred from asserting its intellectual property against the named respondents in Certain Motorized Vehicles and Components Thereof (Inv. No. 337-TA-1132).

By way of background, this investigation is based on an August 1, 2018 complaint filed by FCA 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 motorized vehicles and components thereof that violate common law trade dress and registered trademarks used with and displayed on Jeep®-brand vehicles manufactured and sold by FCA and its predecessors. See our August 1, 2018 and September 11, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 5, ALJ Bullock scheduled the early hearing for November 7-8, 2018. ALJ Bullock further set December 24, 2018 (which is approximately 100 days from the Notice of Investigation) as the date for any initial determination.

In addition, according to Order No. 5, ALJ Bullock limited discovery during the 100-day period to contractual issues only.

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