By Eric Schweibenz
Further to our January 26, 2011 post, on March 1, 2011, ALJ Theodore R. Essex issued Order No. 4 in Certain Game Devices, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-757).

According to the Order, ALJ Essex set June 28, 2012 as the target date (which is approximately 17 months after institution of the investigation).  In the Order, ALJ Essex explained that Commission rules permit the ALJ to set a target date that exceeds 16 months for good cause.  Complainant Microsoft Corporation proposed a twelve month target date while Respondents Datel Design and Development Ltd., Datel Direct Ltd., Datel Holdings Ltd., Datel Electronics Ltd., and Datel Design and Development Inc. as well as the Commission Investigative Staff proposed a seventeen month target date. 

ALJ Essex determined that “based on limited courtroom availability, [ALJ Essex’s] responsibilities in other investigations as well as taking into consideration the arguments set forth in the discovery statements and during the preliminary conference,” a seventeen month target date was warranted for this investigation.  In the Order, ALJ Essex further indicated that any final initial determination on violation should be filed no later than February 28, 2012.  In addition, ALJ Essex noted that the evidentiary hearing in this matter will commence on November 14, 2011.  The Order further directs the parties to submit a proposed procedural schedule by no later than March 15, 2011.