By Eric Schweibenz
On December 6, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 22 in Certain Inkjet Ink Cartridges With Printheads and Components Thereof (Inv. No. 337-TA-723).

In the Order, ALJ Rogers granted a motion filed by Complainants Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. (“HP”) to compel Respondent PTC Holdings Limited (“PTC”) to cooperate in discovery and provide appropriate responses to HP’s discovery requests.  No party responded to the motion.  ALJ Rogers therefore presumed that, as stated in HP’s motion, (1) PTC did not respond to any of HP’s interrogatories or document requests within the deadlines set in the Commission Rules and in the Ground Rules for this investigation, (2) HP repeatedly urged PTC to comply with its discovery obligations after the deadlines passed, (3) the interrogatory responses PTC finally served on HP six weeks after they were due contained numerous unsupported objections and incomplete answers, (4) PTC did not respond at all to HP’s document requests or deposition notice, and (5) PTC stopped responding to HP’s invitations to meet and confer on these issues.

Accordingly, ALJ Rogers granted HP’s motion to compel finding that PTC failed to timely respond to HP’s discovery requests, that PTC waived its right to object to the discovery sought, and that PTC is deemed to have consented to the relief requested by HP (i.e., production of all documents and things sought in HP’s document requests, fully responsive answers to each interrogatory, and making prepared corporate witness(es) available for deposition).