By Eric Schweibenz
ALJ E. James Gildea issued Order No. 14 and Order No. 15 in Certain Electronic Devices, Including Mobile Phones, Portable Music Players, And Computers (Inv. No. 337-TA-701).  In Order No. 14, ALJ Gildea ordered that the private parties meet and confer and, after consultation with the Commission Investigative Staff, submit a joint stipulation regarding the technology at issue in the investigation.  Order No. 15 set out the rules governing the Markman hearing that is currently scheduled for August 11, 2010.

By way of background, Complainants Nokia Corporation and Nokia Inc. asserted over fifty claims of seven patents against Respondent Apple Inc. in this Investigation.  ALJ Gildea decided that an early Markman hearing would assist in streamlining the issues for the evidentiary hearing and final initial determination in this Investigation.  See our April 27, 2010 post for more details.

In the Markman hearing procedures set forth in Attachment A to Order No. 15, ALJ Gildea requires that the parties file pre-hearings statements on or before August 4, 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 August 4, 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. 14, ALJ Gildea ordered that the private parties meet and confer and prepare a technology stipulation in consultation with OUII, to be submitted on July 28, 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).