By Eric Schweibenz and Alex Englehart
On November 21, 2018, ALJ Clark S. Cheney issued Order No. 5 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 and October 8, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 5, ALJ Cheney set the procedural schedule for the investigation. Specifically, ALJ Cheney determined, inter alia, that the evidentiary hearing will take place on June 24-28, 2019; the initial determination on violation will be due on October 14, 2019; and the target date for completing this investigation shall be February 12, 2020.
Tags: ALJ Orders