By Eric Schweibenz
On August 27, 2013, ALJ Theodore R. Essex issued Order No. 9 in Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof (Inv. No. 337-TA-885).

By way of background, this investigation is based on a May 23, 2013 complaint filed by Nokia Corporation and Nokia Inc. (collectively, “Nokia”) alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic communications devices, including mobile phones and components thereof that infringe one more claims of U.S. Patent Nos. 6,035,189; 6,373,345; 6,711,211; 7,187,945; 8,140,650; and 8,363,824.  The Respondents in this investigation are HTC Corporation, HTC America, Inc. and Google, Inc.  See our June 24, 2013 and July 19, 2013 posts for more details on this investigation.

In the Order, ALJ Essex set the procedural schedule for the investigation and included provisions for the early exchange of proposed claim terms and constructions.  The ALJ also determined that the Markman hearing will take place on October 2, 2013, the evidentiary hearing will commence on May 12, 2014, any final initial determination will issue no later than August 26, 2014, and the target date for completion of the investigation is December 26, 2014 (which is approximately 18 months after institution of the investigation).