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ITC Decides To Review ALJ Shaw’s Summary Determination Ruling Regarding Noninfringement In Certain Multiple Mode Outdoor Grills (337-TA-895)

Katherine Cappaert
Eric W. Schweibenz
Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office

May 30, 2014

Previously published on May 28, 2014

On May 21, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895). In the notice, the Commission determined to review ALJ David P. Shaw’s Initial Determination (“ID”) granting in part a motion for summary determination of non-infringement.

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773.

On March 5, 2014, Respondents filed a motion for summary determination of non-infringement of the asserted claims of the ‘712 patent. On April 17, 2014, ALJ Shaw granted Respondents’ motion in part finding that certain products do not infringe claims 1-20 of the ‘712 patent and that a genuine issue of material fact exists with respect to an additional product.

According to the May 21, 2014 notice, the Commission determined to review the ID in its entirety. Specifically the Commission requested that the parties brief their positions on the issues under review and noted a particular interest in responses to certain topics, including issues relating to whether claim 10 of the ‘712 patent should be treated as a means-plus-function claim.

Written submissions are due by May 28, 2014, with reply submissions due by June 2, 2014.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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