Live Testimony Remains Important In ITC Investigations

When parties jointly stipulate to witness statements rather than live direct and cross examination, one might expect the ITC to be receptive to their agreement—after all, such stipulations may save time and resources for everyone involved. However, in a recent order, ALJ McNamara reiterated that her Ground Rules require live direct and cross-examination testimony and any party seeking to utilize witness statements in lieu of live testimony must do so by motion. Certain LTE- and 3G-Compliant Cellular Communications Devices, Inv. 337-TA-1138, Order No. 31 (May 6, 2019).

The issue arose because the parties filed a Joint Statement making four requests ahead of the evidentiary hearing, two of which asked: 1) that four expert witnesses be permitted to testify via witness statement and deposition testimony for direct and cross examination, respectively, and 2) that fact witnesses be able to provide witness statements in lieu of direct testimony. ALJ McNamara denied each in