By Eric Schweibenz
Further to our July 15, 2011 post, on July 20, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 4: Setting Target Date in Certain Coenzyme Q10 Products and Methods of Making Same (Inv. No. 337-TA-790).

According to the Order, ALJ Rogers set December 18, 2012 as the target date (which is 17 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on August 20, 2012.

ALJ Rogers determined that there is good cause for setting a 17-month target date in this investigation in light of the 7 respondents and 45 patent claims at issue.  ALJ Rogers also explained that “this investigation was instituted only five days after the last investigation assigned to me, Inv. No. 337-TA-786."  Further ALJ Rogers found that “[i]t is necessary to schedule the current investigation on a 17-month schedule due to a lack of courtroom availability and the need to adequately space the two Initial Determinations apart from each other.”