By Eric Schweibenz
On January 4, 2010, 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 Restraining Systems For Transport Containers, Components Thereof, and Methods of Using Same (Inv. No. 337-TA-696).

In Order No. 2, ALJ Gildea set April 29, 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 in the investigation no later than December 29, 2010.

In the Order, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by February 10, 2010.  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 March 30, 2010, 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.