`
`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN GRAPHIC SYSTEMS,
`COMPONENTS THEREOF, AND
`CONSUMER PRODUCTS CONTAINING
`
`THE SAME
`
`
`
`Inv. No. 337—TA-1044
`
`ORDER NO. 29:
`‘
`
`DENYING COMPLAINANTS’ REQUEST FOR
`SHORTENED TIME TO RESPOND TO MOTION
`
`DOCKET NO. 1044-026
`
`(July 31, 2017)
`
`On July 28, 2017, pursuant to Ground Rule 2, Respondents LG Electronics Inc., LG
`
`Electronics U.S.A., Inc., and LG Electronics MobileComm USA, Inc. (collectively, “LG”);
`
`VIZIO, Inc. (“VIZIO”); MediaTek Inc. and MediaTek USA, Inc. (collectively, “‘MediaTek”);
`
`and Sigma Designs, Inc. (“Sigma Designs”) (collectively, “‘Respondents”) filed a motion
`
`(“Motion”) requesting that an untimely expert declaration submitted by Complainants Advanced
`
`Micro Devices, Inc. and ATI Technologies ULC (collectively, “Complainants”) with their claim
`construction brief, and any reference to such declaration, be stricken. (Motion Docket No. 1044-
`
`026; Mot. at 1.).
`
`In accordance with Ground Rule 2.2, Respondents certify that they made good-faith
`
`efforts to resolve this matter with Complainants at least two (2) days before filing this Motion.
`
`(Id. at 2.). Respondents also certify that Complainants oppose the Motion and Staff reserves its
`
`position until after having reviewed the papers. (Id).
`
`Page 1 of 2
`
`
`
`Pursuant to Ground Rules 1.9 and 2.6, Respondents request a shortened response time
`
`(“Request for a Shortened Response Time”). (Id). Respondents ask that Complainants’
`
`response to this Motion be filed by July 31, 2017, only one (1) business day after the Motion was
`
`filed, and any response by Commission Investigative Staff (f‘Staff’) be filed by August 2, 2017.-
`(Id). Respondents state that expedited treatment ofthis Motionis necessary so that the Motion
`
`can be resolved prior to the anticipated August 7, 2017 Markman hearing. (Id at 1.).
`
`In their Motion and memorandum in support (“Memorandum”), Respondents provide no
`
`plausible reason why this issue needs to be resolved before the Markman hearing. Nor did
`
`Respondents proffer any rationale at all why Complainants’ response time should be limited to a
`
`single business day. Accordingly, Respondents’ Request for a Shortened Response Time is
`
`hereby denied. See, e.g., Certain Elec. Devices, Including Mobile Phones, Portable Music
`
`Players, & Computers, USITC Inv. N0. 337-TA-701, Order No. 21, 2010 WL 2798388, at *1
`
`(July 16, 2010) (denying request for shortened response time where “there has been insufficient
`
`demonstration of exigent circumstances outweighing the appearance of prejudice to the other
`
`'
`
`parties by their having to respond .
`
`.
`
`. in such a short amount of time”). Complainants and Staff
`
`are permitted the full time provided by Commission Rule 210.15(c) and 19 CPR. § 210.15(c) to
`
`respond to Respondents’ Motion.
`
`SO ORDERED.
`
`Mary]oan
`
`cNamara
`
`Administrative Law Judge
`
`Page 2 of 2
`
`
`
`CERTAIN GRAPHICS SYSTEMS, COMPONENTS
`THEREOF, AND CONSUMER PRODUCTSCONTAINING
`' THE SAME
`‘
`'
`'
`
`Inv. N0. 337—TA-1044 '
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
`the Commission Investigative Attorney, Yoncha L. Kundupoglu, Esq., and the following parties
`as indicated, on July31, 2017.
`'
`
`- L
`
`isa R. Barton, Secretary
`US International Trade Commission
`
`500 E Street, SW, Room 112
`
`Washington, DC 20436
`\
`
`On Behalf of Complainants:
`
`Michael T. Renaud, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO RC.
`One Financial Center
`
`Boston, MA 02111
`
`.
`
`'
`
`On Behalf of Respondents LG Electronics, Inc. LG
`Electronics, U.S.A., Inc., and LG Electronics MobileComm
`U.S.A., Inc.:
`
`_
`Scott Elengold
`FISH & RICHARDSON P'C-
`MCPhetrhson Bulldmg th
`901 15 Street NW, 7 Floor
`Washington, DC 20005
`
`,
`
`On Behalf of Respondents VIZIO, Inc.:
`
`Cono A. Carrano
`
`Robert S. Strauss Building
`1333 New Hampshire Avenue, NW
`Washington, DC 20036
`
`1:! Via Hand Delivery
`3 Via Express Delivery
`*
`-
`-
`-
`V F
`t
`
`3026;” Class Mall
`
`\
`
`E] Via Hand Delivery
`C] Via Express Delivery
`XVia First Class Mail
`[:1 Other
`'
`
`C Via Hand Delivery
`
`KVia First Class Mail
`C Other,
`
`
`
`
`
`CERTAIN GRAPHICS SYSTEMS, COMPONENTS
`THEREOF, AND CONSUMER PRODUCTS CONTAINING
`THE SAME ‘
`
`Certificate of Service — Page 2'
`
`on Behalf of Respondents MediaTek, Inc., MediaTek USA
`Inc., and Sigma Designs, Inc.:
`
`/ Inv. N0. 337—TA-1044
`
`Tyler T. VanHoutan
`MCGUIREWOODS LLP
`600 Travis Street, Suite 7500
`Houstor1, Texas 77002 :
`
`‘
`
`I
`
`E] Via Hand Delivery
`Cl Via Express Delivery
`&Via First Class Mail
`D Other:
`
`
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