By Eric Schweibenz
On April 15, 2014, ALJ E. James Gildea issued Order No. 4 in Certain Lithium Silicate Materials and Products Containing the Same (Inv. No. 337-TA-911).

By way of background, the investigation is based on a February 19, 2014 complaint filed by Ivoclar Vivadent AG, Ivoclar Vivadent, Inc., and Ivoclar Vivadent Manufacturing Inc. alleging violation of Section 337 by Dentsply International Inc., Dentsply Prosthetics U.S. LLC, and DeguDent GmbH in the importation into the U.S. and sale of certain lithium silicate materials and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,047,021 and 8,444,756.  See our February 20, 2014 and March 24, 2014 posts for more details on the complaint and the Notice of Investigation, respectively.

According to Order No. 4, ALJ Gildea set the procedural schedule for the investigation and included provisions for the early exchange of disputed claim terms and constructions.  ALJ Gildea further determined that the evidentiary hearing in this matter will commence on November 13, 2014; the initial determination on alleged violation shall be due on February 27, 2015; and the target date for completing this investigation is June 29, 2015 (which is approximately 15 months after institution of the investigation).