By John Presper

On May 12, 2022, the Commission issued a notice of its determination to issue a limited exclusion order (“LEO”) and cease-and-desist order (“CDO”) in Certain Cloud-Connected Wood-Pellet Grills and Components Thereof (Inv. No. 337-TA-1237).

By way of background, this investigation was instituted on January 4, 2021 based on a complaint filed by Traeger Pellet Grills LLC of Salt Lake City, Utah (“Traeger”) alleging violations of section 337 by Respondent GMG Products LLC of Lakeside, Oregon (“GMG”) due to the importation/sale of certain cloud-connected wood-pellet grills and components thereof that infringe certain claims of U.S. Patent No. 10,158,720 (“the ’720 Patent”) and U.S. Patent No. 10,218,833.  On December 6, 2021, former Chief ALJ Charles E. Bullock issued an initial determination (“ID”) finding a violation of section 337 with respect to claims 1 and 2 of the ’720 patent.  See our December 8, 2021 post for more details regarding the ID.

According to the notice, following a petition for review of certain aspects of the ID filed by GMG, the Commission determined not to review the ID, thus adopting its finding of a violation of section 337.  Following the parties’ briefing on remedy, public interest, and bonding, the Commission determined that the appropriate relief is an LEO and CDO directed to GMG.

We will post the public version of the Commission’s opinion when it becomes available.

UPDATE:  On May 24, 2022, the Commission released the public version of its opinion.