By Eric Schweibenz
On November 10, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Blood Cholesterol Test Strips and Associated Systems Containing Same (Inv. No. 337-TA-969).

By way of background, this investigation is based on an October 2, 2015 complaint filed by Polymer Technology Systems, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain blood cholesterol test strips and associated systems containing same that infringe one or more claims of U.S. Patent No. 7,087,397.  See our October 6, 2015 and November 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 3, ALJ Pender set March 3, 2017 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 March 21, 2016; the evidentiary hearing will commence on July 11, 2016 and conclude no later than July 15, 2016; and the initial determination will be issued on November 3, 2016.

Copyright © 2022 Oblon, McClelland, Maier & Neustadt, L.L.P.