No Evidence ITC Can Issue Letters Rogatory Under the Inter-American Convention on Letters Rogatory
ALJ Essex denied Sony’s request for approval of a request for international judicial assistance in obtaining evidence from Taiwanese third parties. Sony argued that the Commission and the ALJ have authority to issue letters rogatory under the Inter-American Convention on Letters Rogatory. ALJ Essex held that, while the Commission and the ALJs may have referred to themselves as tribunals in the past, the Commission is not a “tribunal” as defined by the Inter-American Convention on Letters Rogatory. It was further determined to be unclear whether Taiwan was a party to that Convention. Lastly, APJ Essex held that Sony had failed to show that traditional means of discovery (interrogatories, requests for production, subpoenas, etc.) were insufficient to obtained the requested discovery. International judicial assistance is appropriate only after exhausting traditional means of discovery. (PDF)
