On August 27, 2013, ALJ David P. Shaw issued Order No. 20 in Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877).

According to the Order, Respondents Aker BioMarine AS, Aker BioMarine Antarctic AS, Aker BioMarine Antarctic USA, Inc., Olympic Seafood AS, Olympic Biotec Ltd., Avoca, Inc., Rimfrost USA, LLC, Bioriginal Food & Science Corp., and Enzymotec Ltd., Enzymotec USA, Inc. (collectively, “Respondents”) filed a motion to compel Complainants Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc. (collectively, “Neptune”) to: 1) produce emails responsive to Respondents’ requests for production, 2) produce responsive emails from custodian Benoit Huart, and 3) make any witness whose emails are produced after his/her deposition available for further deposition.  Following ALJ Shaw’s order that the parties meet and confer to further narrow the disputed discovery issues, Respondents proposed a modified request for production.

Based on the arguments and evidence submitted by the parties, ALJ Shaw determined that discovery sought by Respondents, although very broad, was reasonably calculated to lead to the discovery of admissible evidence.  Accordingly, ALJ Shaw held that Neptune must: 1) produce emails responsive to Respondents’ requests for production, as modified by their post-meet and confer proposal, 2) produce responsive emails from custodian Benoit Huart, and 3) make any witness whose emails are produced after his/her deposition available for further deposition. Furthermore, due to the broad scope of discovery, ALJ Shaw ordered that Respondents and Neptune split the cost of producing the emails-at-issue.  Therefore, ALJ Shaw granted-in-part Respondents’ motion.