By Eric Schweibenz
On March 1, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 12 (dated February 9, 2011) granting Complainant AGNC Corporation’s (“AGNC”) motion to compel in Certain Components For Installation Of Marine Autopilots With GPS Or IMU  (Inv. No. 337-TA-738).

According to the order, AGNC moved to compel Respondents Navico Holding AS, Navico UK, Ltd. and Navico Inc. (collectively, “Navico”) to provide responses to certain interrogatories and to produce files relating to and including source code for the accused autopilot products.  In support of its motion, AGNC asserted, inter alia, that the source code may be necessary to verify the operation of the accused products in NAV mode, which is relevant to the “computing rotation commands” and “pointing controller for computing rotation command” elements of certain of the asserted claims, and “to verify the use and/or processing of the attitude information from the compass and/or autopilot.”  AGNC also asserted that Navico should produce its source code under the existing protective order because AGNC had already done so after the parties failed to agree on a mutually acceptable source code addendum to the Protective Order.  Navico opposed the motion asserting that its proposed addendum to the Protective Order should be entered and that AGNC should be directed to proceed in accordance the addendum.  The Commission Investigative Staff supported the motion.

Having found that the parties’ attempts at resolving the dispute relating to the production of source code “has been going on for month without any success,” ALJ Luckern granted AGNC’s motion.  In do so, ALJ Luckern noted that “the existing protective order, which has been in existence for many years, has been adequate for past investigations.”