On February 18, 2014, ALJ David P. Shaw issued Order No. 45 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).
According to the Order, intervenor Google Inc. (“Google”) and respondent Samsung Electronics America, Inc. (“SEA”) both filed motions to quash a subpoena ad testificandum. The subpoenas at issue were served by complainant Black Hills Media, LLC (“BHM”) seeking the testimony of live witnesses at the evidentiary hearing in the investigation, scheduled to commence on February 18, 2014 and to conclude no later than February 26, 2014.
ALJ Shaw found the subpoenas at issue to be unusual because (1) they were served on dates very close to the evidentiary hearing, and (2) were directed to parties, and requested testimony in the manner of a 30(b)(6)-style deposition subpoena rather than a customary trial subpoena. Additionally, ALJ Shaw found the subpoenas to be impermissibly vague, and found that the subpoenas could unduly burden Google and SEA due to attempts to comply with the 30(b)(6)-style of the subpoenas. Accordingly, ALJ Shaw granted both motions.