On November 16, 2016, ALJ Dee Lord issued Order No. 5 in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation alleging violation by Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607; 6,363,345; and 6,377,607. See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 5, ALJ Lord set February 26, 2018 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Lord noted that the Markman hearing will take place on April 11, 2017; the evidentiary hearing will take place on August 14-18, 2017; and the Initial Determination on alleged violation of Section 337 will be issued on October 26, 2017.