• ALJ Gildea Grants Motion To Compel Deposition In Certain Equipment for Communications Networks (337-TA-778)
  • March 8, 2012 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On February 23, 2012, ALJ E. James Gildea issued the public version of Order No. 15 (dated December 21, 2011) in Certain Equipment for Communications Networks Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones, and Products Containing Same (Inv. No. 337-TA-778).

    In the Order, ALJ Gildea granted-in-part Respondents Cisco Systems, Inc., Cisco Consumer Products LLC, Cisco Systems International B.V., and Scientific Atlanta LLC’s (collectively, “Cisco”) motion to preclude Complainant MOSAID Technologies Inc. (“MOSAID”) from relying on documents or testimony provided by MOSAID’s Vice President, Phil Shaer, or in the alternative compel his deposition.  In support of its motion, Cisco argued that Mr. Shaer was the author of correspondence relied on by MOSAID to support its domestic industry allegations and was identified by MOSAID as a knowledgeable witness, but has refused to appear for deposition.  In opposition, MOSAID argued that Mr. Shaer did not have unique first-hand knowledge about any activities that had not already been discovered through interrogatories and depositions of other MOSAID employees.  MOSAID asserted that Mr. Shaer was an “apex witness” and that Cisco had opportunities to pursue discovery through other “less intrusive means.”

    ALJ Gildea determined that Cisco had successfully demonstrated that Mr. Shaer may have unique first-hand knowledge of issues relating both to MOSAID’s domestic industry allegations and to Cisco’s assertions regarding licensing of the asserted patents. The ALJ added that, because Mr. Shaer signed his name to correspondence that MOSAID specifically identified as supporting its domestic industry allegations, MOSAID would be “hard-pressed” to reasonably argue that his deposition would be beyond discovery.  ALJ Gildea thus ordered MOSAID to produce Mr. Shaer for deposition no later than January 10, 2012.  As to Cisco’s motion regarding the preclusion of evidence, the ALJ denied the motion as premature.