UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
Before the Honorable David P. Shaw
Administrative Law Judge
In the Matter of
CERTAIN WIRELESS DEVICES WITH
3G CAPABILITIES AND COMPONENTS
THEREOF
Investigation No. 337-TA-800
COMMISSION INVESTIGATIVE STAFF’S STATEMENT OF POSITION IN SUPPORT
OF COMPLAINAINT INTERDIGITAL’S EMERGENCY REQUEST FOR A LIVE
STATUS CONFERENCE CONCERNING CERTAIN DISCOVERY AND SCHEDULING
MATTERS
On July 27, 2012, Complainants InterDigital Communications, LLC, InterDigital
Technology Corporation, and IPR Licensing, Inc. (collectively “InterDigital”) requested a live
status conference with the ALJ to address discovery and scheduling matters in this investigation.
[InterDigital’s] Emergency Request for a Live Status Conference Concerning Certain Discovery
and Scheduling Matters (July 27, 2012) (Motion Docket No. 800-132). The Commission
Investigative Staff (“Staff”) supports InterDigital’s request to the extent it seeks a status
conference with the ALJ. The Staff, however, is not taking a position at this time as to the relief
requested by InterDigital.
As InterDigital’s request points out, Respondents produced “tens of millions” of pages of
responsive documents very shortly before the fact discovery cutoff date of July 25, 2012.
Discovery in this investigation began in September 2011, and thus the fact discovery period has
lasted 11 months. Many of these late-product documents are foreign language documents that
require translation. One of the Respondents has sought to reach a compromise with InterDigital
2
to minimize the prejudice to InterDigital of its own late production, InterDigital has been unable to
reach a compromise with another Respondent, and certain of the Respondents appear to have
produced documents in a more timely fashion.
Nevertheless, absent relief that at least restricts the Respondents’ ability as a group to rely
on or use untimely produced documents, the cumulative weight of these multiple and late
document productions on InterDigital is potentially highly prejudicial to its ability to prepare its
case for trial. The Staff thus respectfully supports InterDigital’s request for a status conference.
Respectfully submitted,
/s/ Jeffrey T. Hsu
Lynn I. Levine, Director
David O. Lloyd, Supervisory Attorney
Jeffrey T. Hsu, Investigative Attorney
OFFICE OF UNFAIR IMPORT INVESTIGATIONS
U.S. International Trade Commission
500 E Street, S.W., Suite 401
Washington, D.C. 20436
(202) 205-2516
(202) 205-2158 (Facsimile)
July 31, 2012
| 