ITC Judge Clears Way for Subpoena of Micron’s Attorneys in IV Case

May 26, 2012

May 24, 2012 - In an ITC case brought by Intellectual Ventures (IV) [NPE], Administrative Law Judge E. James Gildea denied a motion by nonparty Micron Technology to quash subpoena of its attorneys and declared that, “Respondents are entitled to pursue discovery [of Complainants domestic industry allegations], including whether some form of misconduct has occurred. . . . Complainants relied on a declaration from Nonparty to supports its Complaint and request to have this Investigation instituted, and cannot now shield Nonparty from discovery absent a full withdrawal of that portion of the Complaint and all reliance on evidence from Nonparty.”  On July 12, 2011, IV filed suit in the ITC against respondents including AcerADATAAsusBest BuyDellElpidaHynixLogitechPantech, and Wal-Mart, alleging that the respondent’s DRAM and Flash memory products, or sale thereof, infringe the following IV patents: 5,654,932, 5,963,481, 5,982,696, 5,500,819, 5,687,132.  IV has also filed concurrent litigation over the same patents against many of the same defendants in the Western District of Seattle (2-11-cv-01145).

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