• ALJ Gildea Sets 15-Month Target Date in Certain Lithium Silicate Materials (337-TA-911)
  • April 1, 2014 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On March 27, 2014, ALJ E. James Gildea issued Order No. 2 in Certain Lithium Silicate Materials and Products Containing the Same (Inv. No. 337-TA-911).

    By way of background, the investigation is based on a February 19, 2014 complaint filed by Ivoclar Vivadent AG, Ivoclar Vivadent, Inc., and Ivoclar Vivadent Manufacturing Inc. alleging violation of Section 337 by Dentsply International Inc., Dentsply Prosthetics U.S. LLC, and DeguDent GmbH in the importation into the U.S. and sale of certain lithium silicate materials and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,047,021 and 8,444,756.

    According to Order No. 2, ALJ Gildea set June 29, 2015 as the target date (which is approximately 15 months after institution of the investigation). ALJ Gildea further indicated that the initial determination on alleged violation shall be due on February 27, 2015. In addition, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by April 10, 2015. ALJ Gildea also determined that the evidentiary hearing in this matter will commence on November 13, 2014.

    Lastly, the Order also included ALJ Gildea’s ground rules governing the conduct of the investigation.