By Eric Schweibenz
On April 23, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Earpiece Devices Having Positioning And Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, the investigation is based on a February 26, 2014 complaint filed by Bose Corp. alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. in the importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on the complaint and Notice of Investigation, respectively. 

In the Order, ALJ Pender set July 6, 2015 as the target date for completing the investigation (which is approximately fifteen months after institution of the investigation).  In addition, ALJ Pender noted that the Markman hearing will take place on July 9, 2014; the evidentiary hearing will commence on October 31, 2014 and conclude no later than November 7, 2014; and the initial determination will be issued on March 6, 2015.

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