Enforcement of Subpoena for Google Source Code Approved

The ALJ granted complainant's motion to certify a request for judicial enforcement of deposition and document/source code subpoenas served upon a nonparty. "[T]he [ALJ] has entered a Protective Order and an Addendum. . . which already protect Nonparty's confidential business information and highly confidential source code. Nonparty's claim that it has withheld the requested discovery on the basis of insufficient protections is particularly unpersuasive here in light of Nonparty's failure to take action on its own behalf to timely quash or limit the subpoenas served on it or to seasonably seek some form of protective order itself upon receiving the subpoenas. . . . [T]he requested discovery appears to be sought for an appropriate purpose, is relevant, and appears reasonable in scope."

Consumer Electronics, Including Mobile Phones and Tablets, 337-TA-839 (ITC January 6, 2013, Order) (Gildea, ALJ).