Further to our September 3, 2011 post, on September 7, 2011, ALJ E. James Gildea issued Order No. 2 in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

According to the Order, ALJ Gildea set May 10, 2013 as the target date (which is approximately 21 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on January 10, 2013.

ALJ Gildea determined that there is good cause for setting a 21-month target date in this investigation in light of the 21 respondents, 20 patent claims at issue, the large number of identified accused products, and “the fact that the [ALJ] has been directed to ‘take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in the investigation.’” 

Lastly, the Order also included ALJ Gildea’s ground rules governing the conduct of the investigation.