Further to our March 26, 2013 and April 5, 2013 posts, on April 15, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 5 in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-875). 

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, priority dates and dates of conception/reduction to practice, domestic industry contentions, asserted claims and infringement contentions, as well as invalidity contentions.  The procedural schedule also provides that the evidentiary hearing in this investigation will commence on January 27, 2014; the initial determination on alleged violation shall be due on March 28, 2014; and the target date for completion of the investigation is July 28, 2014 (which is approximately 16 months after institution of the investigation).