By Eric Schweibenz
On February 14, 2012, ALJ Thomas B. Pender issued Order No. 13 in Certain Electronic Digital Media Devices And Components Thereof (Inv. No. 337-TA-796).

In the Order, ALJ Pender denied Complainant Apple Inc.’s (“Apple”) motion to compel Respondents to substantially complete production of technical documents relevant to Apple’s allegations of infringement by December 16, 2011.  According to the Order, Apple sought the requested relief because Respondents refused to exchange technical documents before December 31, 2011, as proposed by Apple, and provided no reason for the delay. 

In denying the motion, ALJ Pender noted that Apple failed to include a copy of Respondents’ responses to Apple’s document requests, and failed to identify the specific discovery request(s) upon which it based its motion, in contravention of ALJ Pender’s Ground Rules.   Specifically, Ground Rule 3.5 requires all discovery related motions to “have appended to it the pertinent parts of the discovery request and all objections and answers thereto.”  As such, the ALJ determined that “Apple has provided no basis for [him] to grant its motion to compel.”