By Eric Schweibenz
On July 27, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).

By way of background, this investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain lip balm products, containers for lip balm, and components thereof that infringe one or more claims of U.S. Patent No. 8,888,391.  See our June 15, 2015 and July 14, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 3, ALJ Pender set November 11, 2016 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Pender noted, inter alia, that the Markman hearing will take place on November 9-10, 2015; the evidentiary hearing will commence on March 21, 2016 and conclude no later than March 25, 2016; and the initial determination will be issued on July 8, 2016.