By Eric Schweibenz
Further to our April 21, 2011 and May 3, 2011 posts, on May 24, 2011, ALJ Charles E. Bullock issued Order No. 6: Setting Procedural Schedule in Certain Video Game Systems and Wireless Controllers, and Components Thereof (Inv. No. 337-TA-770).

By way of background, the Complainants in this matter are Creative Kingdoms, LLC of Wakefield, Rhode Island and New Kingdoms, LLC of Nehalem, Oregon.  The Respondents are Nintendo Co., Ltd. of Japan and Nintendo of America, Inc. of Redmond, Washington.

In the Order, ALJ Bullock determined that the evidentiary hearing in this matter will commence on February 23, 2012, the Initial Determination is due on April 27, 2012, and the target date for completion of this investigation is August 27, 2012.

Regarding a claim construction hearing, ALJ Bullock noted that Respondents and the Commission Investigative Staff argued in support of conducting a Markman hearing, as well as associated briefing dates, but Complainants opposed.  However, “[s]ince the issues presented in this Investigation are not overly complex, and the number of patents and claims is not large, the request for a Markman hearing shall not be granted.”

ALJ Bullock also noted that in connection with post-trial briefs, he “no longer requires that the parties file proposed findings of fact and conclusions of law,” but any party “may elect to file proposed findings of fact and conclusions of law.”