On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 37 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers granted-in-part and denied-in-part Complainant Qimonda AG’s (“Qimonda”) motion to compel respondents Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC (“Seagate”) to produce documents and testimony regarding Seagate’s downstream products.

ALJ Rogers first determined that Qimonda met its meet and confer obligations under the ground rules by raising the issue of the scope of Seagate’s accused downstream products in an April 14, 2009 Discovery Committee Report.

With respect to downstream products, Qimonda alleged that Seagate incorporates respondent LSI Corporation’s (“LSI”) infringing semiconductor products into Seagate’s larger products.  In its motion, Qimonda asserted that Seagate improperly restricted its discovery to Seagate products which include a single LSI integrated circuit and thus it was entitled to broader discovery.  In response, Seagate argued that Qimonda’s definition of downstream products is overly broad and that “the scope of discovery related to Seagate’s downstream goods is dependent on the scope of Qimonda’s discovery related to LSI’s products, as Qimonda is only entitled to information regarding Seagate products that incorporate accused LSI chips.”

In the Order, ALJ Rogers determined that Qimonda was entitled to discovery of documents related to Seagate products that incorporate an accused LSI product.  ALJ Rogers further determined that Seagate must produce documents regarding “any of its downstream products that incorporate any of the LSI products identified in Qimonda’s complaint” and any products identified by LSI in response to a separate Qimonda motion to compel.