Motion to Compel Denied by ALJ Rogers
ALJ Rogers denied Hewlett-Packard Co. and Hewlett-Packard Development Co., L.P. ("HP")'s motion to compel the production of documents by third party Ruben Pena in In the Matter of Certain Inkjet Ink Cartridges with Printheads and Components Thereof, Inv. No. 337-TA-723. In his order Rogers found that HP's motion was procedurally deficient since an ALJ cannot compel a third party witness to produce documents in response to a subpoena. Rather, the Commission Rules require the ALJ certify a request to the commission for judicial enforcement of a subpoena and the Commission then determines if it will seek judicial enforcement of the subpoena. Since HP's motion did not include a request for judicial enforcement nor include a copy of the subpoena as required, Rogers denied the motion.
