On January 24, 2014, ALJ E James Gildea issued the public version of Order No. 19 (dated January 15, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

According to the Order, Complainant Knowles Electronics, LLC (“Knowles”) filed a motion to compel Respondents GoerTek Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) to produce electronically stored information (“ESI”) in the custody of GoerTek employee Tony Wang.  Knowles argued that GoerTek failed to identify Mr. Wang as an employee likely to have responsive ESI despite Mr. Wang being “one of two or three individuals with knowledge of the manufacturing process for MEMS microphones at GoerTek.” In opposition, GoerTek asserted that Knowles should have identified Mr. Wang as a document custodian earlier in discovery because GoerTek produced documents identifying him as a person with knowledge.  Furthermore, GoerTek argued that their production has already produced a number of emails and attachments from/to Mr. Wang and, therefore, the burden of producing the remaining responsive material outweighs the benefit to Knowles. 

ALJ Gildea determined that any benefit from the production of Mr. Wang’s ESI is likely to be minimal and outweighed by the burden of producing the ESI.  Additionally, ALJ Gildea held that Knowles could have identified Mr. Wang as a document custodian earlier in the investigation.  Accordingly, ALJ Gildea denied Knowles’s Motion to Compel.