• ALJ Gildea Sets Target Date in Certain Video Displays (337-TA-687)
  • September 23, 2009 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • Further to our September 14 and September 17 posts, ALJ E. James Gildea issued Order No. 1: Protective Order; and Order No. 2: Notice of Ground Rules and Setting Target Date and Date for Submission of Proposed Procedural Schedule in Certain Video Displays, Components Thereof, and Products Containing Same (Inv. No. 337-TA-687).

    In Order No. 2, ALJ Gildea set January 18, 2011 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  Also, any final initial determination is due to be issued no later than September 18, 2010.

    In the Order, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by October 28, 2009.  Regarding proposed procedural schedules, ALJ Gildea furnished the parties in the Order with a sample schedule, which includes proposed events to take place during the course of the investigation.  In this regard, ALJ Gildea noted in the Order that “the proposed schedule provides dates for the submission of proposed claim constructions for disputed claim terms.  Absent a showing of good cause, the parties will be bound by their proposed constructions for disputed claim terms on the date the joint submission of disputed claim terms is due.”  ALJ Gildea further noted that the “parties may submit proposals before November 30, 2009, with their comments as to whether a Markman hearing at least two months in advance of the hearing would be useful in resolving disputed claim terms.”

    Order No. 2 also includes ALJ Gildea’s ground rules for the investigation.