By Eric Schweibenz
On June 9, 2010, ALJ E. James Gildea issued Order No. 8 and Order No. 9 in Certain Wireless Communications System Server Software, Wireless Handheld Devices and Battery Packs (Inv. No. 337-TA-706).  In Order No. 8, ALJ Gildea set out the rules governing the Markman hearing that is currently scheduled for June 24, 2010.  In Order No. 9, ALJ Gildea ordered that the private parties meet and confer and, after consultation with the Commission Investigative Staff (“OUII”), submit a joint stipulation regarding the technology at issue in the investigation.

By way of background, the Complainant in this investigation is Motorola, Inc. (“Motorola”) and the Respondents are Research in Motion, Ltd. and Research in Motion Corp.  The investigation was instituted on February 19, 2010 based on Motorola’s complaint of January 22, 2010.  See our February 22, 2010 post for more details.  ALJ Gildea’s procedural schedule calls for a Markman hearing on June 24, 2010 and gives August 6, 2010 as the estimated date for a Markman ruling.  See our April 7, 2010 post for more details.

In the Markman hearing procedures set forth in Attachment A to Order No. 8, ALJ Gildea requires that the parties file pre-hearings statements on or before June 22, 2010 that provide the names of all known speakers or witnesses that will be present at the Markman hearing, a list of all exhibits that the parties intend to introduce at the Markman hearing, a list of any stipulations to which the parties have agreed, and a proposed schedule and allocation of time for the Markman hearing.  Attachment A also includes various requirements relating to the formatting and filing of exhibits, and requires that the parties exchange exhibits by June 18, 2010.  Finally, the Attachment provides that the total time allocated for the Markman hearing is 6.5 hours, and that the parties have the discretion to determine the order of presentation and allocation of time at the hearing.

In Order No. 9, ALJ Gildea ordered that the private parties meet and confer and prepare a technology stipulation in consultation with OUII, to be submitted on June 22, 2010.  According to the Order, “[a]t a minimum, said stipulation should 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.” (Emphasis in original).  The Order further states that the stipulation should have one section for each patent or family of patents and, if applicable, a general technology section that discusses the technology common to all of the asserted patents.  Additionally, the stipulation “should have substance and not be a list of quotations from the patents at issue.” (Emphasis in original).