Further to our January 6, 2011 post, on February 4, 2011, ALJ E. James Gildea issued Order No. 4: Ordering Markman Hearing and Setting Markman Procedure; Requiring Technology Stipulation; and Setting Procedural Schedule in Certain Products Containing Interactive Program Guide And Parental Controls Technology (Inv. No. 337-TA-747).

In the Order, ALJ Gildea amended the procedural schedule to accomodate a one-day Markman hearing and any relevant technology tutorial, to commence on April 20, 2011.  ALJ Gildea further ordered the private parties to meet and confer with the Commission Investigative Staff and submit to the ALJ no later than March 14, 2011, a joint technology stipulation that, at a minimum, should provide sufficient background information to understand the disputed claim constructions of each of the asserted claims.  ALJ Gildea stated that any facts listed in said stipulation may be used and relied upon throughout the remainder of the Investigation, inter alia, in the Administrative Law Judge's final initial determination on violation.  The Order further included rules governing the Markman hearing.