Sunday, May 4, 2008

How will Gertrude Neumark Rothschild celebrate Cinco de Mayo? I mean, Cinco de Mayo 2009?

Wow, time flies. I just checked my previous blog post to see when the Neumark preliminary hearing would take place. According to the information I had at the time, it's scheduled for tomorrow, May 5, 2008.

Well, I checked the documentation - and there's a ton of it - and there's an April 24 document from Administrative Law Judge Paul J. Luckern. Based on this excerpt, it looks like this will take a while (unless everyone settles):

At the present time, there are 33 respondents in this investigation located in some nine different countries, most of whom are unrelated and who exist in different stages of the supply chain, ranging from manufacturers of the accused short-wavelength LEDs and laser diodes, to manufacturers of modules and/or sub-assemblies in which those accused products may be incorporated, to manufacturers of downstream products that may incorporate either the accused short wavelength LEDs and laser diodes or those modules and sub-assemblies that may incorporate them. Accordingly, for such a large number of potential products for companies in various stages of the supply chain, a multitude of fact witnesses may have to be deposed prior to the hearing. Complainant is also seeking a broad remedy, one that includes the exclusion of downstream products. Such a remedy may require extensive discovery of the parties as well as third parties. Thus, time will be needed to gather evidence for any hearing. Hence, the administrative law judge is setting a seventeen month target date of August 25, 2009, which means that any final initial determination must be filed no later than the close of business on Monday, April 27, 2009.

In view of the target date set, the administrative law judge is setting February 5
(commencing at 8:30 a.m.), 6,9, 10 and 11,2009 in Hearing Room B for the prehearing conference and hearing.

Stay tuned.

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