On June 7, 2012, ALJ David P. Shaw issued the public version of Order No. 24 (dated May 9, 2012) granting a motion by Complainants InterDigital Communications, LLC and InterDigital Technology Corporation, and IPR Licensing (collectively, “InterDigital”) to compel Respondents Nokia Corporation and Nokia Inc. (collectively, “Nokia”) to produce source code in Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800).
By way of background, this investigation is based on a July 26, 2011 complaint filed on behalf of InterDigital alleging violation of Section 337 by named Respondents Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA), ZTE Corp., ZTE (USA) Inc., and Nokia in the importation into the U.S. and sale of certain wireless devices with 3G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,349,540; 7,502,406; 7,536,013; 7,616,970 (the ‘970 patent); 7,706,332; 7,706,830; and 7,970,127. See our July 28, 2011 post for more details.
According to the order, InterDigital argued that Nokia should be compelled to produce source code relevant to products accused of infringing the ‘970 patent, and that Nokia had previously represented it “stands ready to produce source code promptly after the Judge rules on [its] motion to amend the Protective Order.” Nokia opposed InterDigital’s motion and argued that it expected to diligently complete its production after InterDigital reviews Nokia’s production and supplements its infringement contentions. Nokia also argued that if InterDigital did not narrow what it is accusing, “it will take months to collect the required middleware operating system source code for all handsets accused of infringing the ‘970 patent.”
ALJ Shaw determined that Nokia already had ample time to collect the relevant source code for the ‘970 patent’s accused products, given that three months elapsed since Nokia filed its opposition to Nokia’s present motion to compel. Additionally, five months had passed since ALJ Shaw amended the protective order to include a provision to protect source code, after which Nokia had represented it was ready to promptly produce code. Accordingly, ALJ Shaw order Nokia to produce the relevant source code within 16 days of this order.