By Eric Schweibenz
On May 3, 2011, ALJ Charles E. Bullock issued Order No. 50 in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).

By way of background, the Complainant in this investigation is HTC Corp. of Taiwan (“HTC”) and the Respondent is Apple, Inc. (“Apple”).

According to the Order, both HTC and Apple filed motions in limine to strike or exclude certain hearing testimony allegedly outside the scope of expert reports.  In the Order, ALJ Bullock provided his policy with respect to Ground Rule 10.5.6:  "The subject matter of the expert witness’s testimony need only be mentioned in either that witness’s expert report or deposition testimony to be deemed to be sufficient and thus, in compliance with Ground Rule 10.5.6."

ALJ Bullock directed the parties to meet and confer in advance of the pre-hearing conference using the above guidance to resolve any Ground Rule 10.5.6 issues in their respective motions in limine and high priority objections.