Light-Emitting Diode Products: Sanctions Imposed For Violation Of Discovery Orders

Illustrating the dangers of non-compliance with ITC discovery orders, Administrative Law Judge MaryJoan McNamara, on May 9, 2016, issued the public version of her sanctions order against two of the respondents in Light-Emitting Diode Products, Inv. No. 947. The two respondents violated discovery orders by producing more than 1,000 pages of documents shortly before the evidentiary hearing. Judge McNamara ordered a combination of monetary sanctions, findings adverse to the respondents, and preclusion of evidence supporting respondents' non-infringement arguments.

Background: Discovery Orders

On July 13, 2015, Complainant Cree, Inc. moved to compel all respondents to produce testing documents and provide complete interrogatory responses regarding the accused products (LED bulbs and other LED products). Certain Light-Emitting Diode Products, Inv. No. 337-TA-947. In response to the motion, respondents claimed that they had already produced all responsive documents.