On November 19, 2013, ALJ E. James Gildea issued the public version of Order No. 58 (dated October 22, 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 preclude Respondents Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) from offering certain prior art testimony.  Specifically, Samsung argued that Ericsson failed to timely disclose its intent to offer an Intel witness and, therefore, should be precluded from offering any Intel witness testimony at the evidentiary hearing.  In opposition, Ericsson asserted that they properly disclosed the Intel witness in their Pre-Hearing Statement.

ALJ Gildea held that Ericsson’s Pre-Hearing Statement provided notice to Samsung of Ericsson’s intent to bring an Intel fact witness.  Accordingly, ALJ Gildea denied Samsung’s Motion to Preclude.