- ALJ Rogers Denies Motion To Compel Corporate Deposition Testimony In Certain Flash Memory Chips (337-TA-735)
- May 18, 2011 | Author: Eric W. Schweibenz
- Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
On May 10, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 27 (dated April 19, 2011) denying Complainant Spansion, LLC’s (“Spansion”) motion to compel in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-735).
According to the Order, Spansion moved to compel Respondent Samsung Electronics Co., Ltd (“Samsung”) to produce a corporate representative to provide deposition testimony regarding a number of identified deposition topics. Spansion asserted that Samsung’s corporate witness, Mr. Pak Sun Kwok, was not sufficiently prepared to present testimony on all of the designated topics. Specifically, Spansion argued that Mr. Kwok was unprepared to testify as to GDS files because although Samsung produced 62 GDS files in the investigation, Mr. Kwok testified that he only reviewed one. Spansion also argued that Mr. Kwok was unprepared to testify as to details regarding the periphery area of the accused flash memory chip products, including but not limited to details on the metal layers.
In opposition, Samsung asserted that Mr. Kwok was adequately prepared as to both issues. Samsung stated that Mr. Kwok did not lack knowledge of GDS files because Mr. Kwok’s daily responsibilities require him to work with GDS files. Samsung also argued that Mr. Kwok was very knowledgeable about the design and layout of the circuitry in the periphery areas of the accused products, as he oversaw the design of these areas in several accused products. Samsung contended that the questions cited by Spansion were very broad design questions and were asked before Mr. Kwok had documents in front of him. Samsung argued it was unreasonable to expect a witness to recite from memory details regarding the design of hundreds of different products.
In the Order, ALJ Rogers found that Spansion’s arguments did not entitle it to a second deposition of the Samsung corporate representative. With regard to the GDS files, the ALJ determined that Spansion failed to identify any portion of the transcript which would demonstrate that Mr. Kwok was unable to provide adequate testimony. ALJ Rogers stated that because Spansion chose to show Mr. Kwok only a single GDS file, Spansion could not demonstrate that Mr. Kwok was not sufficiently knowledgeable regarding GDS files in general. With regard to the design of the periphery area, the ALJ agreed with Samsung, finding it unreasonable to expect Mr. Kwok to recite from memory the specific technical details of hundreds of accused products. ALJ Rogers noted that when asked similar questions while reviewing relevant technical documents, Mr. Kwok was able to answer. Accordingly, ALJ Rogers denied Spansion’s motion to compel.