By Eric Schweibenz
On September 7, 2012, ALJ David P. Shaw issued the public version of Order No. 17 (dated August 23, 2012) denying Complainants LSI Corporation and Agere Systems Inc.’s (collectively, “LSI”) motion to compel Respondent Realtek Semiconductor Corporation (“Realtek”) to respond to and supplement certain discovery requests in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837).

According to the Order, LSI argued that Realtek refused to provide discovery with respect to accused products other than “the identified Realtek WiFi component.”  LSI further argued that Realtek must identify (i) all Realtek accused WiFi products and downstream goods incorporating such products, and (ii) any accused AVC products and accused decoder products that it manufacturers and sells (directly or indirectly) to Funai entities.  In response, Realtek argued that it already agreed to provide discovery on (i) all accused Wi-Fi products that it currently sells, and (ii) all accused Wi-Fi products sold by Realtek since at least January 2011.  Realtek also argued that it had no obligation to provide discovery regarding accused AVC products or accused decoder products because the patents that allegedly implicate such products were not asserted against Realtek in the amended complaint. 

In the Order, ALJ Shaw agreed with Realtek’s arguments noting that only two of the four asserted patents have been asserted against Realtek and LSI’s amended complaint does not allege that Realtek is a supplier of AVC or decoder components.  Accordingly, ALJ Shaw denied LSI’s motion.