By Tom Fisher
On November 16, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 23 (dated October 27, 2009) in Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674).  In the order, ALJ Luckern requested that the parties file written submissions answering various questions relating to claim construction, infringement, validity, and enforceability of the patents asserted in the investigation.  In total, ALJ Luckern posed 23 questions to Complainant Gertrude Neumark Rothschild (“Rothschild”) and 14 questions to Respondents Toshiba Corp. and Pansonic Corp. (collectively, “Respondents”).

The order required that Rothschild and Respondents file their answers to ALJ Luckern’s questions by noon on November 3, 2009.  Responses to the opposing party’s answers were required by the close of business on November 6, 2009.  The Commission Investigative Staff’s (“Staff”) responses to the private parties’ answers and responses were due by noon on November 9, 2009.  Finally, the private parties were required to file reply submissions, along with statements indicating by exhibit number which exhibits supported their initial answers to the ALJ’s questions, by noon on November 12, 2009.

Additionally, ALJ Luckern ordered the private parties to meet and confer and, after consultation with the Staff, to submit a joint stipulation regarding the technology at issue in the investigation by the close of business on November 6, 2009.  The requested stipulation was designed “to provide sufficient background information to understand the disputed claim constructions of each of the asserted claims in issue” and “should not include any facts upon which the parties are not in agreement.”