On June 14, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 4: Designating Investigation “More Complicated” in Certain Muzzle-Loading Firearms and Components Thereof (Inv. No. 337-TA-777).

By way of background, this investigation is based on a May 11, 2011 complaint filed by Thompson/Center Arms Co., Inc. and Smith & Wesson Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain muzzle-loading firearms and components thereof that allegedly infringe U.S. Patent Nos. 7,908,781; 7,814,694; 7,140,138; 6,604,311; 5,782,030; and 5,639,981.  The Respondents are Dikar Sociedad Cooperativa Limitada, Bergara Barrels Europe, Blackpowder Products Inc., Connecticut Valley Arms, Bergara Barrels North America, Ardesa Firearms, and Traditional Sporting Goods, Inc. d/b/a Traditions Sporting Firearms.  See our June 16, 2011 post for more details.

In the June 14 Order, ALJ Rogers designated this investigation as “more complicated” based on “the complexity of the issues raised in the motion for temporary relief” including “(1) six patents which relate to muzzle-loading firearms and components thereof; (2) multiple products accused of infringement; and (3) the likelihood of the assertion of multiple alleged invalidating prior art references.”

ALJ Rogers further determined in the June 14 Order that a three-day evidentiary hearing on the motion for temporary relief will commence on August 8, 2011.  The Order included a procedural schedule governing the motion for temporary relief.