Conference on Subpoena Practice in Section 337 Investigations – On October 14, 2014 (2:00 – 4:00 p.m.), a conference was held in the Commission’s Main Hearing Room on subpoena practice in Section 337 Investigations.  The conference focused on potential ways to facilitate more efficient and cost effective subpoena practice in Section 337 investigations, and featured an industry panel of in-house attorneys followed by a panel of Section 337 practitioners.  The industry panel included Christopher Jacobs, Esq., Director of Litigation Advanced Micro Devices, Inc., David Killough, Esq., Assistant General Counsel, Microsoft Corporation, Steven Purdy, Esq., Senior Attorney-Corporate Litigation, International Business Machines Corporation and Vaishali Udupa, Esq., IP Litigation Counsel, Hewlett-Packard Company.  The industry panel companies have been parties to Section 337 investigations and have also often been subpoenaed third parties in such investigations.  The industry panelists provided examples in which they have been served with overbroad subpoenas in Section 337 investigations and how responding to such subpoenas is cost prohibitive compared to subpoenas served in federal district court actions.  The industry panelists also proposed solutions to reduce the burdens on third parties responding to subpoenas, including modifying Commission Rule 210.32 to comport with the requirements of Federal Rule of Civil Procedure 45.  PowerPoints were presented by both Microsoft and Hewlett-Packard.  The practitioner panelists also presented two PowerPoints entitled Harmonizing Rule 210.32 with FRCP 45 and Third Party Subpoena Timeline.  The conference was well attended by all Commissioners and/or their attorney advisors, all ALJs, and representatives from the General Counsel’s Office and OUII.