On April 16, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 90 (dated April 2, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (337-TA-855).
According to the Order, non-party Hitachi, Ltd. (“Hitachi”) filed a motion to quash or limit the subpoena duces tecum served on it by Respondent Maxon Precision Motors, Inc. (“Maxon”). Maxon opposed the motion.
In support of its motion to quash, Hitachi argued that service of the subpoena was deficient because the Washington, D.C. liason office where Maxon attempted service is not a domestic subsidiary of Hitachi and therefore cannot be treated as an agent for service of process. Hitachi further noted that the subject Washington, D.C. liason office was not designated as an agent for service of process. In response, Maxon argued “Hitachi is a resident here in the United States” and thus “is subject to the law of this country regarding service of process.”
In the Order, ALJ Bullock rejected Maxon’s arguments and noted that Hitachi submitted a declaration in support of its motion. Maxon, however, did not present any evidence to the contrary, including any evidence that it properly served “an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process” as required by Rule 4 of the Federal Rules of Civil Procedure. ALJ Bullock determined therefore that in light of the uncontested sworn testimony provided by Hitachi, Maxon’s service was deficient. Accordingly, ALJ Bullock granted Hitachi’s motion.