19
Aug
By Barry Herman
On August 17, ALJ E. James Gildea issued the public version of Order No. 16 (dated August 4, 2009) granting Complainants O2 Micro International Ltd. and O2 Micro Inc.’s motion to compel documents regarding sales information and possibly infringing products from Respondents LG Electronics Inc. and LG Electronics USA in Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuit and Products Containing the Same (Inv. No. 337-TA-666).

O2 sought the underlying sales records from which LG had produced sales summaries.  O2 also complained that LG had only produced technical, sales and marketing information for products incorporating CCFL inverter controllers that were manufactured by other Respondents, while the discovery requests sought information on LG products with CCFL inverter controllers manufactured by any entity.

LG argued that O2 did not need the underlying sales records, that the motion effectively asks LG to conduct and disclose an infringement analysis of their products, and that O2’s delay in filing the motion will radically increase the burden on LG.

The Commission Investigative Staff took the position that LG should produce responsive documents concerning the products at issue made by any entity, not just those made by LG’s fellow Respondents.  The Staff also agreed with O2 that LG should provide O2 with the underlying sales records.

ALJ Gildea found that the information O2 requested was within the scope of the investigation and, therefore, granted O2’s motion in large part.  ALJ Gildea refused, however, to grant O2’s request for information on products that contain any inverter controller as unfair and prejudicial to LG.
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