`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
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`CERTAIN MICROPERFORATED
`PACKAGING CONTAINING FRESH
`PRODUCE (II)
`
`Inv. No. 337-TA-1127
`
`Order No. 5: Procedural Schedule
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`In accordance with the target date set in Order No. 3, the undersigned has detennined that
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`this proceeding shall be conducted in accordance with the following schedule.
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`Event
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`Complainant to file list of all products it will rely upon to satisfy the domestic
`industry requirement (G.R. 6.f)
`Parties to exchange claim terms that each party contends should be construed
`Respondents to file notice of prior art (G.R. 2)
`File a list of claim tenns that each party contends should be construed (G.R.
`6.b)
`Parties to meet and confer to limit terms in dispute and identify most
`significant terms (G.R. 6.b)
`Parties to exchange proposed constructions for disputed claim telins
`
`File joint statement identifying accused products (G.R. 6.f)
`Parties to exchange preliminary contention interrogatory responses regarding
`issues as to which the party bears the burden of proof
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`First settlement conference (G.R. 3)
`File proposed constructions of each term identified by any party for claim
`construction (G.R. 6.c)
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`Joint report from first settlement conference (G.R. 3)
`Parties to meet and confer to narrow issues for joint claim construction chart
`(G.R. 6.c)
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`Deadline Date
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`October 17, 2018
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`October 24, 2018
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`October 31, 2018
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`October 31, 2018
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`November 5, 2018
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`November 8, 2018
`November 15, 2018
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`November 21, 2018
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`November 28, 2018
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`December 3, 2018
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`December 7, 2018
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`December 12, 2018
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`File joint claim construction chart (G.R. 6.d)
`
`Event
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`Parties to exchange preliminary contention interrogatory responses regarding
`issues as to which the party does not bears the burden of proof
`File tentative list of witnesses a party will call to testify at the hearing, with
`an identification of each witness's relationship to the party
`File identification of expert witnesses (G.R. 4.a)
`Complainant to file list of proposed representative accused products based on
`complainant's infringement contentions (G.R. 6.f)
`Exchange final contention interrogatory responses regarding issues as to
`which the party bears the burden of proof
`
`Respondents to file responses to proposed representative accused products
`assuming complainant's infringement contentions (G.R. 6.f)
`File final joint stipulation regarding representative accused products (G.R.
`6.f)
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`Exchange final contention interrogatory responses on issues for which the
`party does not bear the burden of proof
`Second settlement conference (G.R. 3)
`
`File joint report from second settlement conference (G.R. 3)
`File joint technology stipulation (G.R. 6.g)
`Fact discovery cutoff and completion
`File motions to compel
`File initial expert reports (G.R. 4.b)
`
`File rebuttal expert reports (G.R. 4.b)
`Expert discovery cutoff and completion
`File requests for receipt of evidence without a sponsoring witness
`File summary determination motions
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`Parties to exchange exhibit lists among the parties
`Submit and serve direct exhibits (including witness statements (G.R. 8.a))
`File responses to summary determination motions
`Submit and serve rebuttal exhibits (including rebuttal witness statements)
`File pre-hearing statements and briefs (G.R. 7)
`Parties to provide proposed exhibits and exhibit lists (G.R. 9.e)
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`Deadline Date
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`December 18, 2018
`
`December 21, 2018
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`December 28, 2018
`
`December 28, 2018
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`January 3, 2019
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`January 9, 2019
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`January 11,2019
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`January 18, 2019
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`January 23, 2019
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`January 25, 2019
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`January 30, 2019
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`February 5, 2019
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`February 11, 2019
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`February 15, 2019
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`February 22, 2019
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`March 1, 2019
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`March 6, 2019
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`March 6, 2019
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`March 12, 2019
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`March 15, 2019
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`March 20, 2019
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`March 25, 2019
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`March 25, 2019
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`March 29, 2019
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`April 3, 2019
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`2
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`File high priority objections to proposed exhibits (G.R. 9.f)
`
`Event
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`File motions in limine
`
`File responses to high priority objections
`
`File responses to motions in limine
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`Pre-hearing conference
`
`Hearing
`
`File initial post-hearing briefs (G.R. 9.g)
`File comprehensive joint outline of issues to be decided in the final Initial
`Determination (G.R. 11)
`Parties to serve All all final exhibits to be filed with the Commission
`("original set") (G.R. 9.g)
`Submit final exhibit list reflecting the status of all exhibits (G.R. 9.h)
`File reply post-hearing briefs
`Each party to submit final exhibits and final exhibit list to the Office of
`General Counsel (G.R. 9.i)
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`Final Initial Determination
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`Target Date
`
`So ordered.
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`Deadline Date
`
`April 10, 2019
`
`April 10, 2019
`
`April 17, 2019
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`April 17, 2019
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`April 24, 2019
`at 10 a.m.
`April 25 —26, 2019
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`May 14, 2019
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`May 14, 2019
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`May 14, 2019
`
`May 14, 2019
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`May 23, 2019
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`June 12, 2019
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`July 18, 2019
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`November 18, 2019
`
`David P. Shaw
`Administrative Law Judge
`
`Issued: September 14, 2018
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`3
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`CERTAIN MICROPERFORATED PACKAGING CONTAINING FRESH PRODUCE (II)
`
`INV. NO. 337-TA-1127
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached Order No. 5 has been served upon the
`SEP 1 4 2010
`following parties as indicated, on
`
`Lisa R. Barton; Secretary
`U.S. International Trade Commission
`500 E Street SW, Room 112A
`Washington, DC 20436
`
`FOR COMPLAINANT WIN D I I AM PACKAGING, LLC:
`
`Edward A. Pennington, Esq.
`Smith, Gambrel! & Russell, LLP
`1055 Thomas Jefferson Street NW, Suite 400
`Washington, DC 20007
`
`( ) Via Hand Delivery
`( ) Express Delivery
`(v) Via First Class Mail
`( ) Other:
`
`FOR RESPONDENT GROWERS EXPRESS, LLC:
`
`Robert C. Mattson, Esq.
`Oblon, McClelland, Maier & Neustadt, L.L.P.
`1940 Duke Street
`Alexandria, VA 22314
`
`( ) Via Hand Delivery
`( ) Express Delivery
`(v) Via First Class Mail
`( ) Other:
`
`FOR RESPONDENT C.H. ROBINSON WORLDWIDE, INC.:
`
`Tyler P. Brimmer, Esq.
`Fafinski Mark & Johnson, P.A.
`Flagship Corporate Center, Suite 400
`775 Prairie Center Drive
`Eden Prairie, MN 55344
`
`( ) Via Hand Delivery
`( ) Express Delivery
`(V) Via First Class Mail
`( ) Other:
`
`