`
`Washington, D.C.
`
`In the Matter of
`
`Inv. N0. 337-TA-906
`
`
`
`
`CERTAIN STANDARD CELL
`
`LIBRARIES, PRODUCTS CONTAINING
`OR MADE USING THE SAME,
`INTEGRATED CIRCUITS MADE USING
`
`THE SAME, AND PRODUCTS
`CONTAINING SUCH INTEGRATED
`
`CIRCUITS
`
`
`Order No. 27
`
`Complainant Tela Innovations, Inc. (“Tela”) filed a motion seeking leave to take late
`
`discovery from third parties Broadcom Corp. (“Broadcom”), Cortina Systems Inc. (“Cortina”),
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`SK Hynix Memory Solutions, Inc. (“SKHMS”), and Synopsys, and a memorandum in support
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`thereof. Motion Docket No. 906-68. Respondents Taiwan Semiconductor Manufacturing
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`Company, Ltd. and TSMC North America (collectively, “TSMC”) opposed the motion. The
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`Commission Investigative Staff took no position regarding the motion.
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`Tela argues that its motion should be granted because it “diligently pursued discovery,
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`[and] good cause exists to take discovery out of time from Cortina, SKHMS, Synopsys, and
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`Broadcom.” Mem. at 3. Specifically, Tela seeks leave to depose witnesses from Cortina,
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`SKHMS, Synopsys, and Broadcom, and to use certain documents and other information
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`produced by these third parties. Id. at 3-7. In lieu of taking depositions of the third parties, Tela
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`seeks as alternate relief leave to submit declarations from the third parties into evidence without
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`a sponsoring witness. Id.
`
`
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`TSMC argues that Tela’s motion is procedurally improper, inasmuch as it was “filed five
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`days after the deadline for motions related to fact discovery.” Opp’n at 1 (emphasis original).
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`Order No. 17, which issued on May 19 and sets forth the procedural schedule for this
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`investigation, does identify July 10 as the “Deadline for motions to compel fact discovery.” The
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`pending motion does not seek to compel discovery, however, but rather seeks leave to conduct
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`additional discovery out of time. Thus, the pending motion is timely pursuant to the procedural
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`schedule. TSMC further argues that the motion should be denied on the merits, inasmuch as
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`Tela “did not ‘diligently’ pursue discovery from the third parties” and “allowing the late
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`discovery to proceed would significantly prejudice TSMC’s ability to effectively conduct expert
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`discovery.” Opp’n at 1-2.
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`Inasmuch as TSMC objects to the admission of declarations from Cortina and Synopsys
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`into evidence without a sponsoring witness, Tela’s motion is denied with respect to those
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`declarations} See Opp’n at 6-7, 8-9. Leave is granted to depose witnesses from Cortina and
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`Synopsys. Any deposition shall be held no later than August 29, 2014.
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`As for the allegedly late-produced documents and other information from Broadcom,
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`Cortina, SKHMS, and Synopsys, it remains unclear how Tela intends to rely on this information,
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`if at all. The administrative law judge therefore declines to determine at this time whether or not
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`Tela may rely on these materials as evidence in this investigation.
`
`1 TSMC has withdrawn its objections to declarations from SKHMS and Broadcom. Opp’n at 7,
`9.
`
`
`
`Accordingly, Motion No. 906-68 is granted in part.
`
`
`
`Davd P. Shaw
`
`Administrative Law Judge
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`Issued: August 7, 2014
`
`
`
`CERTAIN STANDARD CELL LIBRARIES, PRODUCTS CONTAINING
`
`OR MADE USING THE SAME, INTEGRATED CIRCUITS MADE
`
`USING THE SAME, AND PRODUCTS CONTAINING SUCH INTEGRATED
`CIRCUITS
`INV. NO. 337-TA-906
`
`PUBLIC CERTIFICATE OF SERVICE
`
`1, Lisa R. Barton, hereby certify that the attached Order No. 27 has been served by hand upon
`the Commission Investicmtive Attorney Vu Bui, Esq., and the following parties as indicated,
`on
`-
`--.
`AUG 08 201'»
`
`
`
`Lisa R. Barton, Secretary
`U.S. lntemational Trade Commission
`
`500 E Street SW, Room 112A
`
`Washington, DC 20436
`
`FOR COMPLAINANT TELA INNOVATIONS, INC. :
`
`Goutam Patnaik, Esq.
`PEPPER HAMILTON LLP
`Hamilton Square
`600 Fourteenth Street, NW
`
`Washington, DC 20005-2004
`
`(
`(
`(
`(
`
`) Via Hand Delivery
`)
`press Delivery
`Via First Class Mail
`) Other:
`
`FOR RESPONDENTS TAIWAN SEMICONDUCTOR MANUFACTURING CO., LTD.
`AND TSMC NORTH AMERICA:
`
`) Other:
`
`D. Sean Trainor, Esq.
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street, NW
`Washington, DC 20005
`
`) Vi Hand Delivery
`)
`xpress Delivery
`Via First Class Mail
`
`(
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