By Eric Schweibenz
On November 28, 2011, ALJ Thomas B. Pender issued Order No. 27 in Certain Wireless Communication Devices, Portable Music And Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745).

According to the Order, ALJ Pender ordered Complainant Motorola Mobility, Inc. (“Motorola”) and Respondent Apple, Inc. (“Apple”) to file on or before December 1, 2011, an executive summary of their pre-hearing briefs not to exceed 50 pages.  In the Order, ALJ Pender noted that Motorola and Apple each filed a pre-hearing brief in excess of 800 pages.  ALJ Pender further noted that “[i]t seems difficult to comprehend how the parties can expect to prove the arguments set forth in such breathtakingly large briefs [during a six-day hearing] … or expect that I can review and make sense of the over 1600 pages of briefs (not including the supporting documents) in preparation for the upcoming hearing. ”