On March 25, 2014, ALJ Dee Lord issued Order No. 42 denying Respondents’ motion to compel Complainant’s employee Ryan Fry for an additional day of deposition and to reimburse fees and costs associated therewith in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).

By way of background, the investigation in this case is based on a September 3, 2013 complaint and September 20, 2013 letter supplementing the complaint filed by Optical Devices, LLC (“Optical”) alleging violation of Section 337 in the importation into the U.S. and sale of certain optical disc drives, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651; RE40,927; RE42,913; and RE43,681.  See our September 6, 2013 and October 23, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

According to the Order, Respondents filed a motion to compel Optical to make its employee Ryan Fry available for an extra day of deposition, to reimburse fees and costs for the same, and to prohibit Optical and its counsel from giving “improper instructions” to Mr. Fry.  Specifically, Respondents argued that when Mr. Fry was deposed, he was instructed not to answer questions based on relevance in violation of Commission rules, or was instructed not to answer based on erroneous privilege claims.  As such, Respondents sought an extra day of deposition to rectify this issue.  Respondents also requested a shortened response time, which Optical opposed. 

The parties participated in a teleconference where they “were instructed on the expected conduct and form of depositions” in this Investigation.  After the teleconference, Optical filed its opposition to Respondents’ motion, stating that it is willing to produce Mr. Fry for a second day limited to the topics on which he was instructed not to answer, and that the motion is now moot.  AJL Lord agreed, and as such, denied the motion, while reminding the parties to be mindful of the instructions provided during the teleconference.