On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 38 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers denied Complainant Qimonda AG’s (“Qimonda”) motion to compel respondents LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC to produce knowledgeable witnesses.

In the Order, ALJ Rogers determined that Qimonda violated 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 motion.

ALJ Rogers further determined that even if Qimonda complied with his ground rules, “the motion lacks merit.”  Specifically, ALJ Rogers determined that all of the questions that the subject deponent was allegedly unable to answer were outside the scope of the designated topics for the deposition.  According to ALJ Rogers, “LSI designated [the deponent] to testify regarding the information contained in the actual process flows and recipes, and Qimonda has failed to present any evidence demonstrating that [the deponent] lacked sufficient knowledge on that subject.  Accordingly, ALJ Rogers denied Qimonda’s motion to compel.