By Eric Schweibenz
On February 1, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of 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 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Russel Brands, LLC d/b/a Spalding of Bowling Green, Kentucky and Reliable Sports Equipment (Wujiang) Co. Ltd. of China as the respondents in this matter. The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not be named as a party to this investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Dee Lord will be the presiding Administrative Law Judge in this matter.