By Eric SchweibenzOn February 9, 2017, ALJ Dee Lord issued Order No. 3 in Certain Basketball Backboard Components and Products Containing Same (Inv. No. 337-TA-1040).
By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034. See our January 12, 2017 and February 10, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 3, ALJ Lord set June 7, 2018 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Lord noted that the Markman hearing will take place on July 13, 2017; the evidentiary hearing will take place on November 13-17, 2017; and the Initial Determination on alleged violation of Section 337 will be issued on February 7, 2018.