ALJ McNamara recently granted Respondent ARRIS' motion to compel deposition of Complainant Sony's corporate witnesses in the U.S. Certain Digital Cable and Satellite Products, Inv. No. 337-TA-1049, Order No. 10. ALJ acknowledged the problem of having the depositions in Japan, particularly the law prohibiting the taking of testimony via telephone that prevented Staff's participation. Sony requested clarification or in the alternative, for interlocutory review of the order. Sony offered other locations for deposition including Hong Kong, Guam, and Hawaii. ARRIS requested the location to be Washington, DC or any reasonably accessible East Coast location. In granting ARRIS' request, ALJ explained that Sony's position is inconsistent with prior argument that Order 10 marked a "significant departure from well-established Commission practice." Order No. 14. ALJ McNamara's order limiting the deposition location to Washington, DC or other East Coast location for Japanese witnesses may impact how overseas depositions are handled in ITC matters.
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