By Eric Schweibenz
On May 3, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 11 (dated April 19, 2011) in Certain Wireless Communication Devices, Portable Music And Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745).

According to the Order, ALJ Luckern denied Complainants Motorola, Inc. and Motorola Mobility, Inc.’s (collectively, “Motorola”) motion to compel Respondent Apple Inc. (“Apple”) to respond to certain discovery requests “by producing or making available for inspection the source code for the software loaded on the Accused Products when such products are sold by Apple after their importation into the United States.”  Motorola also alleged in its motion that Apple “intentionally delayed production of relevant source code.”  The Commission Investigative Staff supported the motion.

Apple opposed the motion and argued that its production of source code has been ongoing and has continued, even after the filing of the instant motion.  Specifically, Apple noted that it produced over 800 directories and sub-directories of source code containing over 16,000 individual files, comprising many tens of thousands of lines of source code.

ALJ Luckern rejected Motorola’s arguments and noted that there was no evidence that Apple was withholding source code responsive to any particular discovery request.  Accordingly, ALJ Luckern denied the motion.