Further to our April 6, 2012 post, on April 26, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 5 in Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances, The Appliances Made Therefrom, and Methods Of Making The Same (Inv. No. 337-TA-833).
In the Order, ALJ Rogers set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions. The procedural schedule also provides that the evidentiary hearing in this investigation will commence on February 4, 2013; the initial determination on alleged violation shall be due on May 6, 2013; and the target date for completion of the investigation is September 4, 2013 (which is approximately 18 months after institution of the investigation).