By Eric Schweibenz
On May 4, 2016, ALJ Thomas B. Pender issued Order No. 3 in Certain Height-Adjustable Desk Platforms and Components Thereof (Inv. No. 337-TA-992).

By way of background, this investigation is based on a March 18, 2016 complaint filed by Varidesk LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent Nos. 9,113,703 and 9,277,809.  See our March 18, 2016 and April 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 3, ALJ Pender set August 25, 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 August 29-30, 2016; the evidentiary hearing will commence on December 12, 2016 and conclude no later than December 16, 2016; and the initial determination will be issued on April 25, 2017.

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