On March 17, 2010, ALJ Carl C. Charneski issued Order No. 10: Initial Determination Setting Target Date in Certain Flash Memory and Product Containing Same (Inv. No. 337-TA-685).  In the order, ALJ Charneski noted that the United States Bankruptcy Court for the District of Delaware (Case Nos. 09-10690 and 09-11480), “by its Order of October 15, 2009, stayed the present ITC investigation against respondents Spansion, Inc., Spansion LLC, and Spansion Japan Limited, as well as against the remaining respondents in this investigation who are Spansion’s customers.”

Pursuant to a further Bankruptcy Court order, and as confirmed by the parties in a conference with ALJ Charneski, the stay of the ITC action would be lifted, and the parties would be able to participate in the investigation no later than April 30, 2010.   “To assist the parties in preparing for the future conduct of the investigation,”  ALJ Charneski issued an initial determination “that the target date for completion of the investigation is June 28, 2011, and thus the initial determination on the question of violation of section 337 is due on February 28, 2011.”