In the Order, ALJ Gildea set March 7, 2013 as the target date for completion of the investigation (which is approximately 19 months after institution of the investigation) due to the large number of asserted patent claims (i.e., over 70) and the ALJ’s current caseload. Also, any final initial determination is due no later than November 7, 2012. ALJ Gildea also noted that “[f]urther adjustments may need to be made to the target date later in 2012, depending on the development of this Investigation and the Administrative Law Judge’s commitments in other already instituted Investigations, as the Administrative Law Judge’s docket for mid-2012 is particularly crowded.”
In addition, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by September 12, 2011. Regarding proposed procedural schedules, ALJ Gildea furnished the parties in the Order with a sample schedule, which includes proposed events to take place during the course of the investigation. In this regard, ALJ Gildea determined that a Markman hearing in this investigation will be necessary “in an effort to streamline the issues for the evidentiary hearing.” ALJ Gildea scheduled the Markman hearing to commence on February 7, 2012.
Lastly, the Order also included ALJ Gildea’s ground rules governing the conduct of the investigation.