By Eric Schweibenz
On November 28, 2011, ALJ Theodore R. Essex issued Order No. 10 in Certain LED Photographic Lighting Devices and Components Thereof (Inv. No. 337-TA-804).

In the Order, ALJ Essex set the procedural schedule for the investigation and indicated that the evidentiary hearing will commence on June 18, 2012.  Also, ALJ Essex determined that a Markman hearing in this investigation is “not practical.”  ALJ Essex noted that      “[w]hile the number of patents and asserted claims could certainly benefit from a Markman hearing, that alone does not warrant holding the hearing especially since it is not clear that the technology is so complex that holding an early tutorial and Markman hearing would provide some benefit.”  In addition, ALJ Essex further noted that “he has at least one hearing every single month from February through August of next year, with some months having two hearings.”  Thus,      “[e]ven if it were possible to hold a Markman hearing, it is highly unlikely that the ALJ will be able to construe the claims in a timely manner given his docket and responsibilities in other investigations.”