On May 15, 2012, ALJ E. James Gildea issued the public version of Order No. 52 (dated April 12, 2012) in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (Inv. No. 337-TA-794).  In the Order, ALJ Gildea denied Respondent Apple Inc.’s (“Apple”) motion seeking permission to re-take the depositions of five witnesses of Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”).

In support of its motion, Apple argued that it was unable to conduct meaningful depositions of these witnesses due to Samsung’s improper deposition conduct.  Specifically, Apple alleged that during the subject depositions the witnesses conferred with counsel during breaks, changed their testimony, and provided pre-arranged responses based on cues from counsel.  Apple further alleged that counsel for Samsung wasted deposition time with numerous objections that had to be translated.  According to the Order, Samsung filed an opposition to Apple’s motion denying the above allegations. 

ALJ Gildea denied Apple’s motion over its argument that the witnesses’ misconduct called into question the validity of their testimony.  More particularly, ALJ Gildea found that “if [the subject testimony] allegedly lacks validity, a renewed deposition is not necessarily going to lead to a different outcome.”  ALJ Gildea also noted that Apple failed to explain with sufficient detail what answers or topics were thwarted, their importance to the Investigation, and what Apple specifically and rationally could achieve with additional deposition time.  While ALJ Gildea found that he “does not condone excessive objections or coaching during breaks,” he noted that Apple waited several months to bring this issue to his attention and thus Apple’s arguments were “seriously undermine[d].”  Accordingly, ALJ Gildea denied Apple’s motion to re-take the depositions of certain Samsung witnesses.