27
Jan
By Eric Schweibenz
Further to our January 14, 2011 post, on January 27, 2011, ALJ E. James Gildea issued Order No. 2: Notice of Ground Rules and Setting Target Date and Date for Submission of Proposed Procedural Schedule in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

In the Order, ALJ Gildea set May 29, 2012 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 no later than January 27, 2012.

In addition, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by February 28, 2011.  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 on or before April 11, 2011, 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.”

Lastly, the Order also included ALJ Gildea’s ground rules governing the conduct of the investigation.
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