On October 7, 2016, ALJ MaryJoan McNamara issued Order No. 4 in Certain Industrial Control System Software, Systems Using Same and Components Thereof (Inv. No. 337-TA-1020).

By way of background, this investigation is based on an August 5, 2016 complaint filed by Rockwell Automation, Inc. alleging violation 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 industrial control system software, systems using same, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,675,226; 6,816,817; 6,819,960; 6,978,225; 7,130,704; 7,650,196; 7,693,585; and 8,799,800. See our August 9, 2016 and September 19, 2016 posts for more details on the complaint.

According to Order No. 4, ALJ McNamara set January 19, 2018 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ McNamara directed the parties to submit discovery statements and proposed procedural schedules by October 28, 2016. ALJ McNamara further noted that the evidentiary hearing in this investigation will commence on April 11, 2017 and any final initial determination should be filed no later than September 19, 2017. Lastly, Order No. 2 includes ALJ McNamara's ground rules which will govern the investigation.