By Eric Schweibenz
Further to our April 30 post, on May 1, 2009, ALJ E. James Gildea issued Order No. 2 – Notice of Ground Rules and Setting Target Date in Certain Wireless Communications Devices and Components Thereof (337-TA-675).

According to the Order, ALJ Gildea set August 27, 2010 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  Also, any final initial determination is due to be issued no later than April 27, 2010. 

In the Order, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by June 9, 2009.  Regarding proposed procedural schedules, ALJ Gildea furnished the parties in the Order with a sample schedule which includes proposed events to take place during the course of the investigation.  In this respect, ALJ Gildea noted in the Order that “the proposed schedule provides dates for the submission of proposed claim constructions for disputed claim terms.  Absent a showing of good cause, the parties will be bound by their proposed constructions for disputed claim terms on the date the joint submission of disputed claim terms is due.”  ALJ Gildea further noted that the “parties may submit proposals before July 15, 2009, with their comments as to whether a Markman hearing would be useful in resolving disputed claim terms in advance of the hearing.”

Order No. 2 also includes ALJ Gildea’s ground rules for the investigation.