By Eric Schweibenz
On July 26, 2011, ALJ Theodore R. Essex issued the public version of Order No. 11 (dated July 12, 2011) in Certain Mobile Devices, Associated Software, and Components Thereof (Inv. No. 337-TA-744).

In the Order, ALJ Essex denied a motion filed by Complainant Microsoft Corp. (“Microsoft”) to compel Respondents Motorola Solutions, Inc. and Motorola Mobility, Inc. (collectively, “Motorola") to produce source code and supplement responses to certain interrogatories.  According to the Order, ALJ Essex determined that Microsoft’s motion failed to comply with Ground Rule 3.2 by not including a certification that reasonable, good faith efforts were made to resolve the matter with the other parties at least two business days prior to filing the motion.  In addition, Microsoft’s motion did not explain why it failed to participate in a telephone conference with the ALJ to attempt to resolve this dispute as required by Ground Rule 3.5.   

Because Microsoft did not comply with Ground Rules 3.2 and 3.5, ALJ Essex denied Microsoft’s motion.