On September 6, 2011, ALJ Theodore R. Essex issued a notice regarding the public version of certain orders in Certain Mobile Devices, Associated Software, and Components Thereof (Inv. No. 337-TA-744).
In the Order, ALJ Essex noted that Complainant Microsoft Corporation (“Microsoft”) submitted proposed redactions to Order Nos. 24, 25, and 26 and “many of the proposed redactions are inappropriate.” Specifically, ALJ Essex noted that 19 C.F.R. § 201.6(a)(1) specifically defines confidential business information (“CBI”) and the “types of information that clearly do not fit into the [ ] category of Microsoft CBI include, inter alia, the identity of prior art references, the identity of a subpoenaed third party, and information regarding source code produced by respondent Motorola Mobility, Inc. and third party Google, Inc.” Accordingly, ALJ Essex ordered that Microsoft resubmit its proposed redactions along with a detailed explanation as to why the proposed redaction fits within the definition of CBI. Lastly, ALJ Essex noted that any redactions not found to fit within the definition of CBI will be released to the public.