By Eric Schweibenz
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued public versions of Order No. 35, Order No. 36, Order No. 39, and Order No. 40 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Orders, ALJ Rogers denied Complainant Qimonda AG’s (“Qimonda”) motions to compel respondent LSI Corporation to produce certain documents.

In each order, ALJ Rogers determined that Qimonda violated his ground rules, including Ground Rules 3.2 and 3.5 (requiring parties to make good-faith efforts to resolve discovery disputes without ALJ intervention and to meet and confer to resolve discovery disputes at least two business days prior to filing a motion) in connection with its motions.

Specifically, ALJ Rogers determined that sending an email at 10:19 p.m. on April 21 regarding a motion to compel to be filed on April 23 did not meet the two business day requirement set forth in his ground rules.