On October 6, 2015, ALJ MaryJoan McNamara issued the public version of Order No. 28 (dated September 15, 2015) in Certain Light-Emitting Diode Products and Components Thereof (Inv. No. 337-TA-947).

By way of background, this investigation is based on a January 12, 2015 complaint filed by Cree, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain light-emitting diode products and components thereof that infringe one or more claims of U.S. Patent Nos. 6,657,236; 6,885,036; 6,614,056; 7,312,474; 7,976,187; 8,766,298; 8,596,819; and 8,628,214.  See our March 19, 2015 post for more details on the Notice of Investigation.

According to Order No. 28, ALJ McNamara granted in part Respondents' motion to compel certain interrogatory responses and documents withheld as privileged.  With respect to the interrogatories at issue, ALJ McNamara denied the motion for those interrogatories she found to be not relevant to the claims or defenses in the investigation, not reasonably calculated to lead to the discovery of admissible evidence, publicly available information, or protected by attorney-client privilege.  On the other hand, the motion was granted as to those interrogatories that concerned information which the Complainant had described in its opposition papers but did not include in its interrogatory responses.  The Complainant was given one week to submit its supplemental responses in compliance with this order.

The documents at issue were those on Complainant's privilege log that Respondents' argued did not meet the requirements for privilege.  ALJ McNamara denied in full their motion with respect to these documents because Respondents failed to provide sufficient analysis of the privilege log entries' deficiencies and the ALJ refused to review the 178 page log on Respondents' behalf.