By Eric Schweibenz
On June 16, 2010, ALJ E. James Gildea issued Order No. 10:  Setting Markman and Technology Tutorials in Certain Digital Set-Top Boxes and Components Thereof (Inv. No. 337-TA-712).

In the Order, ALJ Gildea determined that “[t]here will be no Markman hearing in this Investigation in advance of the main hearing.”  ALJ Gildea further determined, however, that “technology tutorials will be useful in setting the stage for the hearing.”  ALJ Gildea permitted the private parties 30 minutes per side and indicated that “[l]egal argument during said presentations will not be permitted.”

Additionally, ALJ Gildea determined that, following the technology tutorials, the parties would be permitted to “present Markman tutorials providing an overview of claim construction issues with respect to the patents at issue in this Investigation.”  (Emphasis in original).  ALJ Gildea further ordered that the private parties and the Commission Investigative Staff “will be permitted 30 minutes per side to summarize their legal arguments with respect to claim construction.”

According to the Order, the tutorials will occur on January 24, 2011.