By Eric Schweibenz
On June 24, 2010, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 18 (dated May 10, 2010) in Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-695).  In the Order, ALJ Rogers denied Respondent Analog Devices, Inc.’s (“Analog”) motion to compel Complainant Knowles Electronics LLC (“Knowles”) to produce documents and things.

According to the Order, Analog sought an order compelling Knowles to produce documents and things related to the following categories: “(1) the SOIC8 and DIP packages that Dr. Loeppert developed prior to 2003 that Analog claims are prior art to the asserted patents; (2) Knowles’ interactions with the Institute of Microelectronics (‘IME’); and (3) Mr. Minervini’s and Dr. Loeppert’s participation in the prosecution of the asserted patents.”  Analog argued that Knowles had refused to produce the information based on Knowles’s belief that the information is not relevant to the investigation.

Knowles opposed the motion and denied Analog’s assertion that Knowles was withholding production based on a belief that the requested documents and things were not relevant.  According to the Order, Analog stated unequivocally that it had already produced the requested discovery that was in its possession, custody, or control.  The Commission Investigative Staff did not file a response to Analog’s motion.

ALJ Rogers determined that “in light of Knowles’ unconditional representation that it has produced all discovery responsive to Analog’s requests regarding the categories identified supra, Analog’s motion to compel shall be denied.”