By Eric Schweibenz
On October 29, 2010, ALJ E. James Gildea issued Order No. 51 in Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers (Inv. No. 337-TA-701).  In the Order, ALJ Gildea denied Respondent Apple, Inc.’s (“Apple”) motion to compel production of certain documents related to the ‘256 patent and additional 30(b)(6) testimony regarding the same from Complainants Nokia Corporation and Nokia, Inc. (collectively “Nokia”).

According to the Order, Apple argued that it sought information regarding communications between the named inventors and certain other Nokia personnel to determine when the invention of the ‘256 patent was conceived and whether the inventors committed inequitable conduct by failing to disclose to the PTO prior art they learned about from other Nokia personnel.  In response, Nokia asserted that Apple violated the Ground Rules by not previously making a document request for the subject documents.  The Commission Investigative Staff did not file a response.

ALJ Gildea agreed with Nokia that Apple failed to identify the relevant document request that is the basis for its motion to compel in violation of Ground Rule 2.5, and denied the motion accordingly.