By Eric Schweibenz
On May 14, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 43 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers ruled on requests filed by complainant Qimonda AG (“Qimonda”) and respondents LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC’s (collectively “Respondents”) for the receipt into evidence of certain proposed exhibits without a sponsoring witness.

ALJ Rogers first noted that the ITC’s rules provide that “[r]elevant, material, and reliable evidence shall be admitted.”  ALJ Rogers also noted that his Ground Rules provide that each exhibit that is offered into evidence must have a sponsoring witness and the only exception to this general rule is where the party wishing to have evidence admitted without a sponsoring witness shows good cause for admitting such evidence.

In the Order, ALJ Rogers determined that the following types of exhibits would not be received into evidence without a sponsoring witness:        (1) Qimonda’s original and amended complaints (and the attachments thereto); (2) Respondents’ responses to Qimonda’s complaint (and the attachments thereto); (3) Respondents’ interrogatory responses;         (4) documents produced by the parties during discovery; (5) deposition transcripts (and accompanying exhibits); and (6) foreign language documents not accompanied by a certified translation.

ALJ Rogers further determined that the following types of exhibits would be admitted into evidence without a sponsoring witness: (1) certified copies of the asserted patents and their prosecution histories; and (2) the parties’ identification of claim terms to be construed and each party’s proposed construction of the claim terms.