By Eric Schweibenz
On January 11, 2013, ALJ David P. Shaw issued the public version of Order No. 43 (dated July 20, 2012) in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).

By way of background, the Complainant in this investigation is X2Y Attenuators, LLC (“X2Y”) and the Respondents are Intel Corporation; Componentes Intel de Costa Rica S.A.; Intel Malaysia Sdn. Bhd; Intel Products (Chengdu) Ltd.; Intel Products (Shanghai) Ltd.; Apple Inc.; and Hewlett-Packard Company (collectively, the “Respondents”).  On December 14, 2012, ALJ Shaw issued a notice regarding the Initial Determination (“ID”) holding: a violation of Section 337 has not occurred, certain claims of the 7,916,444 (the ‘444 patent) and 8,023,241 (the ‘241 patent) patents are invalid, and the domestic industry requirement was satisfied with respect to all asserted patents.  See our December 18, 2012 post for more details.

According to Order No. 43, X2Y filed a motion seeking entry of a protective order to preclude discovery into certain topics.  The Respondents filed a cross-motion to compel the same information.  The Commission Investigative Staff filed a response supporting X2Y’s motion for protective order, and opposing the Respondents’ cross-motion to compel. 

In support of its motion seeking entry of a protective order, X2Y argued that it would not rely on the information requested by the Respondents to evidence its domestic industry under 19 U.S.C. § 1337 (a).  X2Y further noted that the requested information has no relevancy to the limited public interest discovery permitted in this investigation.

ALJ Shaw determined that based on X2Y’s representations concerning its domestic industry case, Respondents’ motion to compel was denied and X2Y’s motion was denied as moot.