By Eric Schweibenz
On August 17, 2009, Administrative Law Judge E. James Gildea issued Order No. 20 in Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing the Same (Inv. No. 337-TA-666).

In the Order, ALJ Gildea determined that “technology tutorials will be useful in setting the stage for the hearing.”  ALJ Gildea permitted the private parties 60 minutes per side and indicated that “[l]egal argument during said presentations will not be permitted.”

Additionally, ALJ Gildea determined that, following the technology tutorials, the parties would be permitted to “present short Markman tutorials providing an overview of claim construction issues with respect to the patent at issue in this Investigation.”  ALJ Gildea further ordered that the private parties and the Commission Investigative Staff “will be permitted no more than 30 minutes per side to summarize their legal arguments with respect to claim construction.”  ALJ Gildea also noted that “[t]his is not a Markman hearing, and rebuttal arguments will not be permitted.”

Finally, regarding the evidentiary hearing, ALJ Gildea stated that each side recently named more than ninety witnesses in their tentative identification of witnesses who may be called to testify at trial.  ALJ Gildea determined that “[w]hile the Administrative Law Judge has not permitted the use of witness statements in lieu of live direct testimony in the past, the Administrative Law Judge will consider timely and carefully crafted submissions on this topic.”