By Eric Schweibenz
On August 16, 2010, ALJ E. James Gildea issued the public version of Order No. 30 (dated August 4, 2010) in Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers (Inv. No. 337-TA-701).  In the Order, ALJ Gildea granted-in-part Complainants Nokia Corp. and Nokia, Inc.’s (collectively “Nokia”) motion to compel Respondent Apple, Inc. to produce information “related to enlarging or magnifying characters or symbols” in response to Nokia’s interrogatory nos. 28, 46, and 49 and to provide a corporate witness to testify regarding the information produced.

In support of its motion, Nokia asserted that Apple (i) provided a list of documents that were non-responsive to Interrogatories 28 and 46; (ii) “failed to provide or identify any documents relating to the hardware aspects of enlarging character or symbols” in response to Interrogatory 49, and (iii) failed to produce all relevant source code.  In opposition, Apple asserted, inter alia, that it had already “produced the information sought . . . , given Nokia and its expert ‘complete’ access to the relevant source code, and provided witnesses who provided lengthy and detailed testimony regarding the [source code at issue].”  Further, Apple asserted that “Nokia’s motion is a demand to ‘provide its responses again in a different format.’”

Although finding that Nokia did not “point to a request for production of documents and things to support its [motion],” ALJ Gildea nevertheless, granted Nokia’s motion in part because he found that Nokia “provided witness testimony to show that Apple has not produced all relevant source code, resulting in incomplete witness testimony and insufficient data from which the answers to Nokia’s Interrogatory Nos. 28, 46, and 49 may be obtained.”