On August 21, 2013, Chief ALJ Charles E. Bullock issued Order No. 12 in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854).
According to the Order, Respondents DeLorme Publishing Company, Inc. and DeLorme InReach, LLC. (“Respondents”) sought to amend the protective orders to permit the use of fact and expert discovery developed in this ITC proceeding in a related federal litigation.
ALJ Bullock held that the proposed amendments to the protective orders provided insufficient protection for third parties that have provided discovery during the ITC investigation. Specifically, ALJ Bullock held that the proposed amendments did not require giving the third parties notice prior to using discovery from the current investigation in the district court proceeding. Furthermore, the proposed amendments did not provide third parties with a mechanism for objecting to use of discovery produced in the current investigation in the related district court proceeding. Accordingly, ALJ Bullock denied Respondents’ motion.