On August 14, 2013, ALJ James E. Gildea issued the public version of Order No. 37 (dated July 29, 2013) in Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866).

According to the Order, Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) filed a motion to compel discovery from Respondents Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”).  Specifically, Samsung argued that Ericsson should be required to produce a knowledgeable corporate witness for deposition in response to topics related to the digital unit – WDCMA (“DUW”).  Samsung asserted the corporate witness Ericsson provided at a previous deposition was unable to provide testimony regarding the accused DUW products without looking at the relevant schematics, which Ericsson failed to produce prior to the deposition.  Furthermore, Samsung argued that Ericsson has not produced all responsive documents with respect to Samsung’s Request for Production No. 201, which relates to the repair of the accused DUW products. 

In opposition, Ericsson argued that the unanswered deposition questions are not relevant and cumulative of information found in the specification.  Additionally, Ericsson asserted that Samsung could ask its own experts to analyze the technical documents and, if questions remain, present those questions to Ericsson in writing.  Furthermore, Ericsson argued that it provided Samsung all the documents in its possession, custody, or control that are responsive to Samsung’s Request for Production No. 201.

ALJ Gildea held that Ericsson must produce a knowledgeable corporate witness for a deposition on topics related to the DUW products.  ALJ Gildea rejected Samsung’s arguments that Ericsson failed to produce all documents responsive to Request for Production No. 201 as either purely speculative or as having already been addressed by Ericsson.  However, ALJ Gildea noted that if Ericsson locates any more responsive documents, it must produce those documents within three business days.  Accordingly, ALJ Gildea granted-in-part Samsung’s Motion to Compel.