On November 21, 2016, ALJ Theodore R. Essex issued Order No. 5 in Certain Memory Modules and Components Thereof, and Products Containing Same (Inv. No. 337-TA-1023).

By way of background, this investigation is based on a September 1, 2016 complaint filed by Netlist, 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 memory modules and components thereof, and products containing same, that infringe one or more claims of U.S. Patent Nos. 8,756,364; 8,516,185; 8,001,434; 8,359,501; 8,689,064; and 8,489,837. See our September 6, 2016 and October 3, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 5, ALJ Essex set the procedural schedule for the investigation. Specifically, ALJ Essex determined, inter alia, that the evidentiary hearing will commence on May 8, 2017 and conclude on May 12, 2017.