28
Jun
By Eric Schweibenz
On June 22, 2011, ALJ Charles E. Bullock issued the public version of Order No. 52 (dated June 7, 2011) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).  In the Order, ALJ Bullock (i) granted-in-part Complainant HTC Corp.’s (“HTC”) motion seeking an order requiring Respondent Apple, Inc. (“Apple”) to provide complete copies of certain admitted trial exhibits that contain Apple source code, and (ii) granted-in-part Apple’s motion for protective order to prohibit HTC from filing portions of Apple source code with HTC’s final exhibit list. 

According to the Order, Apple understood that the private parties had agreed to special procedures for the admission of trial exhibits containing Apple’s highly confidential source code, but in view of the opposing motions, there was either a miscommunication between counsel for the private parties or the agreement was no longer in force.  In any event, ALJ Bullock determined that he “will not enforce informal agreements among the parties that fall apart.”  ALJ Bullock also determined that in the interest of having a complete evidentiary record, the subject Apple source code files should be submitted in their entirety.  ALJ Bullock further determined that “the protective order in this Investigation provides enhanced protections and safeguards against the potential disclosure of Apple’s proprietary information.”  Accordingly, ALJ Bullock ordered Apple to provide complete copies of certain exhibits for inclusion in HTC’s final set of trial exhibits.

With respect to Apple’s motion, ALJ Bullock determined that “there is no need to submit highly confidential Apple source code into the record if said source code was not relied upon by a witness.”  Thus, ALJ Bullock deemed that certain HTC trial exhibits were deemed withdrawn and should not be included in the final set of trial exhibits.