On April 19, 2013, ALJ David P. Shaw issued the public version of Order No. 50 (dated August 9, 2012) granting Complainant X2Y Attenuator (“X2Y”) and non-parties Messrs. Draganic and Wish’s motion to quash subpoenas duces tecum and ad testificandum issued at the request of Respondents Intel Corporation, Intel Americas, Inc., Componentes Intel de Costa Rica S.A., Intel Technology Sdn. Bhd, Intel Products (Chengdu) Ltd., Inc. (together, “Intel”), Apple Inc., and Hewlett-Packard Company (collectively, “Respondents”) in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).
According to the Order, Respondents argued that discovery from Messrs. Draganic and Wish was “highly relevant” and non-cumulative inasmuch as they were provided with information directly relevant to the investigation from X2Y et al., including information relating to characterization of the patents-in-suit, the value of the alleged inventions, the accused products, and X2Y’s view on interactions with Intel. The movants claimed that Messrs. Draganic and Wish had no role in the day-to-day affairs of X2Y or this investigation, that neither person held any employment position (formal or informal) with X2Y or its managing entity, A-Cubed Management Services Inc., and that neither person is listed as an investor on any patent or patent application assigned to or owned by X2Y. Further, the movants argued that the information sought by Respondents is cumulative of information produced by X2Y, and that Respondents are engaged in “harassing discovery.”
Having considered the parties’ submissions, ALJ Shaw found that the discovery sought by Respondents does not outweigh the burdens imposed on Messrs. Draganic and Wish, and denied the motion.