PUBLIC VERSION
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`
`SYSTEMS, VEHICLES CONTAINING
`
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1235
`
`COMPLAINANTS’ UNOPPOSED MOTION SEEKING RECOMIVIENDATION TO THE
`
`DISTRICT COURT TO ISSUE A LETTER OF REQUEST PURSUANT TO THE
`HAGUE CONVENTION FOR INTERNATIONAL JUDICIAL ASSISTANCE
`
`IN PROCURING EVIDENCE
`
`Pursuant to 19 C .F.R. §§ 210.32 and 210.26, Complainants Jaguar Land Rover Limited
`
`and Jaguar Land Rover North America, LLC (together, “JLR” or “Complainants”) move for the
`
`Administrative Law Judge’s Recommendation that the United States District Court for the District
`
`of Columbia issue a Letter of Request to plu'suant to the Hague Convention of 18 March 1970 on
`
`Taking Evidence Abroad in Civil or Commercial Matters (the “Hague Convention”) on behalf of
`
`Complainants to obtain discovery fi‘om the following foreign third party:
`
`
`
`The Letter of Request to— solicits assistance from the appropriate
`
`judicial authority in the Federal Republic of Germany to obtain from—
`
`celtain documents and testimony relevant to Complainants’ claims of infringement
`
`in this
`
`Investigation, which are tmobtainable through other means.
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`PUBLIC VERSION
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`

`

`PUBLIC VERSION
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`
`
`As set for in the attached memorandum, Complainants respectfillly request that the
`
`Administrative Law Judge reconnnend that the District Court for the District of Columbia issue
`
`the attached Letter of Request for International Assistance compelling— to
`
`produce relevant and responsive documents and testimony concerning the Accused Products.
`
`GROUND RULE 2.2 CERTIFICATION
`
`While a request for international judicial assistance cannot be accomplished by agreement
`
`of the parties and must involve a request to the Commission, pursuant to Ground Rule 2.2,
`
`Complainants certify that they have made a reasonable, good-faith effort to contact and resolve the
`
`matter with counsel for Respondents Dr. Ing. be P. Porsche AG., Porsche Cars North America,
`
`Inc., Volkswagen AG, Volkswagen Group of America, Inc., Automobili Lamborghini S.p.A,
`
`Automobili Lamborghini America, LLC, Audi AG, and Audi of America, LLC (collectively,
`
`“Respondents”) at least two business days before filing this motion. Respondents have indicated
`
`that they do not oppose the present motion and have agreed to waive the two day notice
`
`requirement.
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`
`
`Dated: March 17, 2021
`
`Respectfully submitted,
`
`/s/ Michael A. David
`
`Matthew J. Moore
`
`Maximilian A. Grant
`
`Bert C. Reiser
`
`Jeremiah Egger
`Diane Ghrist
`
`LATHAM & WATKINS LLP
`
`555 11th St. NW, Suite 1000
`Washington, DC . 20004-1304
`Phone: (202) 637-2200
`
`Clement Naples
`Michael A. David
`
`LATHAM & WATKINS LLP
`
`885 Third Avenue
`
`New York, NY 10022-4834
`
`Phone: (212) 906-1200
`
`Daniel McNeely
`LA'I‘HAM & WATKINS LLP
`
`330 North Wabash Avenue, Suite 2800
`
`Chicago, IL 60611
`Phone: (312) 876-7700
`
`Gabrielle A. LaHatte
`LATHAM & WATKINS LLP
`
`505 Montgomely Street, Suite 2000
`San Francisco, CA 94111
`
`Phone: (415) 391-0600
`
`Chris Henry
`LATHAM & WATKINS LLP
`
`200 Clarendon Street
`
`Boston, MA 021 16
`
`Phone: (617) 948 6000
`
`Counsel for Complainants Jaguar Land
`Rover Limited and Jaguar Land Rover North
`America, LLC
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`
`SYSTEMS, VEHICLES CONTAINING
`
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1235
`
`MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
`
`COMPLAINANTS’ UNOPPOSED MOTION SEEKING RECOMMENDATION TO THE
`
`DISTRICT COURT TO ISSUE A LETTER OF REQUEST PURSUANT TO THE
`HAGUE CONVENTION FOR INTERNATIONAL JUDICIAL ASSISTANCE
`
`IN PROCURING EVIDENCE
`
`Complainants Jaguar Land Rover Limited and Jaguar Land Rover North America, LLC
`
`(together, “JLR” or “Complainants”), pursuant to 19 C.F.R. § 210.32 and § 210.26, hereby apply
`
`for the issuance of the attached Recommendation (Exhibit A) that the District Court for the District
`
`of Columbia issue a Letter of Request on behalf of Complainants to obtain documents and
`
`deposition testimony from the following foreign third party:
`
`
`
`The Letter of Request solicits assistance from the appropriate judicial authority in the
`
`Federal Republic of Germany to obtain from— certain documents and
`
`testimony relevant to Complainants’ infringement claim, and unobtainable through other means.
`
`Complainants respectfully request that the Administrative Law Judge grant this motion so
`
`that Complainants may initiate a civil proceeding in the District Corut for the District of
`
`Columbia’s miscellaneous docket and obtain issuance of the attached Letter of Request.
`
`PUBLIC VERSION
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`

`

`PUBLIC VERSION
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`
`
`Attached to the Letter of Request, Complainants included a set of definitions, a set of
`
`requests for the production of documents and other things, a set of deposition topics, the Protective
`
`Order, the Ground Rules, and the Complaint (Attachments A, B, C, D, E, and F respectively, to
`
`the Letter of Request Gixhibit B)).
`
`I.
`
`THE DISTRICT COURT HAS AUTHORITY TO ISSUE LETTERS OF REQUEST
`
`The Hague Convention provides that “[i]n civil or commercial matters a judicial authority
`
`of a Contracting State may, in accordance with the provision of the law of that State, request the
`
`competent authority of another Contracting State, by means of a Letter of Request, to obtain
`
`evidence, or to perform some other judicial act.” Hague Convention, Art. 1. Both the United
`
`States and the Federal Republic of Germany are parties to the Hague Convention.
`
`See
`
`http://www.hcch.net/index_en.php?act=states.details&sid=4l .
`
`The Hague Convention authorizes the District Court for the District of Columbia to issue
`
`the Letter of Request. See Societe Nationale Industrielle Aerospatiale v. US. Dist. Court for S.
`
`Dist. ofIowa, 482 US. 522, 535 (1987) (stating that “a judicial authority in one contracting state
`
`‘may’ forward a letter of request to the competent authority in another contracting state for the
`
`purpose of obtaining evidence”); see also, e.g., Certain Audio Processing Hardware, Software,
`
`and Prods. Containing the Same, Inv. No. 337-TA-1026, 2017 ITC LEXIS 253, Order No. 13
`
`(Feb. 15, 2017) (recommending that the US. District Court for the District of Columbia issue a
`
`Letter of Request to Israel); Certain Electronic Devices with Comnmnication Capabilities,
`
`Components Thereof and Related Software, Inv. No. 337-TA-808, Order No. 14 (May 31, 2012)
`
`(recommending the US. District Court for the District Court of Columbia issue a Letter of Request
`
`to the United Kingdom); Certain Wireless Devices with 3G Capabilities and Components Thereof,
`
`Inv. No. 337-TA-800, Order No. 10 (Jan. 4, 2012) (recommending the US. Distlict Comt for the
`
`District Court of Columbia issue a Letter of Request to France): Order No. 11 (recommending the
`
`PUBLIC VERSION
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`

`

`PUBLIC VERSION
`
`
`
`US. District Comt for the District Court of Columbia issue a Letter of Request to Sweden); and
`
`Order No. 12 (recommending the US. District Court for the District Court of Columbia issue a
`
`Letter of Request to Switzerland).
`
`II.
`
`A LETTER OF REiUEST IS NECESSARY TO OBTAIN DISCOVERY FROM
`
`Complainants allege that Respondents violated Section 337 of the Tariff Act of 1930, as
`
`amended, 19 U.S.C. § 1337, because Respondents have lmlawful impofled, sold for import, or sold
`
`after import a vehicle control system, known as -,1 vehicle containing this system, and
`
`components thereof. These products infiinge several claims of US. Patent No. RE46,828 (“’828
`
`patent”). Respondents have identified— as a supplier for a subsystem used
`
`in the accused vehicle control system.
`
`In order for Complainants to establish a 337 violation,
`
`Complainants seek docrnnents and information from— regarding the
`
`flmctionality and operation of the accused vehicle control system. The Letter of Request directs
`
`— to produce documents and provide testimony relating to these topics, as
`
`set forth in Attaclnnents B and C to the Letter.
`
`III.
`
`ARGUMENT
`
`l.
`
`The Letter of Request should issue for several reasons. First, the deposition
`
`testimony and docmnents requested in the Letter are highly relevant to Complainants’ allegations
`
`of infringement in this investigation. Complainants require technical infonnation regarding the
`
`accused vehicle control systems used in the eight accused vehicles.— was
`
`identified as a supplier of a subsystem and software used in or with the accused vehicle control
`
`
`
`PUBLIC VERSION
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`

`

`PUBLIC VERSION
`
`
`
`system. Understanding how the accused vehicle control system operates. including the subsystems
`
`controlled by the central vehicle control system, will allow Complainants to further assess its
`
`claims of infringement against Respondents products.
`
`2.
`
`The information and documents sought are narrowly tailored to obtain information
`
`relating to the frmctionality and operation of the accused vehicle control system. The information
`
`and documents sought are therefore directly relevant to Complainants’ infringement allegations
`
`regarding the ’828 patent, and cannot be construed as requesting information that may compromise
`
`the secm‘ity of the Federal Republic of Germany.
`
`3.
`
`Respondents are unable to obtain the requested testimony or docrunents of I
`
`— he
`
`eehhe heehe heeehe— he Gehheh eehehyh
`
`beyond the reach of the Commission’s subpoena power.
`
`4.
`
`The Letter of Request does not require— to indicate which
`
`docmnents are relevant to this Investigation or to produce docrunents other than those requested.
`
`And any information or documents provided would be subject to the Protective Order in this
`
`Investigation. Moreover, Complainants will comply with any procedures required rmder German
`
`law for the taking of depositions.
`
`Complainants are prepared to meet the procedural requirements for obtaining evidence
`
`through a Letter of Request, including by obtaining a Letter of Request with a District Court
`
`judge’s signature and the District Court’s seal (and a translated copy thereof), and transmitting the
`
`Letter of Request to the Central Authority for the Federal Republic of Germany for enforcement
`
`in a Gernran court. The German court will serve the Letter ofRequeston—
`
`PUBLIC VERSION
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`

`

`PUBLIC VERSION
`
`
`
`IV.
`
`CONCLUSION
`
`For the foregoing reasons, Complainants respectfully request that the Administrative Law
`
`Judge grant Complainants’ unopposed motion and recommend to the District Court for the District
`
`of Collunbia that it issue a Letter of Request pursuant to the Hague Convention.
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`
`
`Dated: March 17, 2021
`
`Respectfully submitted,
`
`/s/ Michael A. David
`
`Matthew J. Moore
`
`Maximilian A. Grant
`
`Bert C. Reiser
`
`Jeremiah Egger
`Diane Ghrist
`
`LATHAM & WATKINS LLP
`
`555 11th St. NW, Suite 1000
`Washington, DC . 20004-1304
`Phone: (202) 637-2200
`
`Clement Naples
`Michael A. David
`
`LATHAM & WATKINS LLP
`
`885 Third Avenue
`
`New York, NY 10022-4834
`
`Phone: (212) 906-1200
`
`Daniel McNeely
`LA'I‘HAM & WATKINS LLP
`
`330 North Wabash Avenue, Suite 2800
`
`Chicago, IL 60611
`Phone: (312) 876-7700
`
`Gabrielle A. LaHatte
`LATHAM & WATKINS LLP
`
`505 Montgomely Street, Suite 2000
`San Francisco, CA 94111
`
`Phone: (415) 391-0600
`
`Chris Henry
`LATHAM & WATKINS LLP
`
`200 Clarendon Street
`
`Boston, MA 021 16
`
`Phone: (617) 948 6000
`
`Counselfor Complainant Jaguar Land Rover
`Limited and Jaguar Land Rover North
`America, LLC
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC.
`
`Before the Honorable MaryJoan McNamara
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`
`SYSTEMS, VEHICLES CONTAINING
`
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1235
`
`ORDER NO. [ ]:
`
`[PROPOSED] GRANTING COMPLAINANTS’ MOTION SEEKING
`RECOMMENDATION TO THE DISTRICT COURT FOR THE
`
`DISTRICT OF COLUMBIA TO ISSUE A LETTER OF REQUEST
`PURSUANT
`TO
`THE
`HAGUE
`CONVENTION
`FOR
`
`INTERNATIONAL JUDICIAL ASSISTANCE IN PROCURING
`
`EVIDENCE
`
`On March 17, 2021, Complainants Jaguar Land Rover Limited and Jaguar Land Rover
`
`North America, LLC (together, “JLR” or “Complainants”) filed an unopposed motion requesting
`
`that the Administrative Law Judge issue the attached Recommendation to the District Court for
`
`the District of Columbia to issue a Letter of Request on behalf of Complainants to obtain discovery
`
`from a non-party—. Respondents did not oppose the motion.
`
`Pursuant to the Federal Rules of Civil Procedure and the All Wlits Act, United States
`
`District Courts are authorized to transmit Letters of Request to the Department of State or to the
`
`appropriate foreign triblmal, officer, or agency. Fed. R. Civ. P. 4(1); 28 U.S.C. §§ 1651, 1781.
`
`Administrative law judges may issue recommendations to the United States District Court for the
`
`District of Columbia to issue such letters. See, e.g., Certain Wireless Audio Systems and
`
`Components Thereof, Inv. No. 337—TA—107l, Order No. 6 (Oct. 5, 2017).
`
`PUBLIC VERSION
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`

`

`PUBLIC VERSION
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`There being no opposition and for good cause shown,
`
`the motion is GRANTED.
`
`Recommendation to the United States District Court for the District of Columbia is attached hereto
`
`as Exhibit A.
`
`SO ORDERED.
`
`Respectfully submitted this—day of
`
`, 2021
`
`
`
`MaryJoan McNamara
`Administrative Law Judge
`
`PUBLIC VERSION
`
`

`

`IIIIIIIIIIIII
`
`EXHIBIT A
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C.
`
`Before the Honorable MaryJoan McNamara
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`
`SYSTEMS, VEHICLES CONTAINING
`
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1235
`
`[PROPOSED] RECOMMENDATION TO THE DISTRICT COURT FOR THE
`DISTRICT OF COLUMBIA TO ISSUE LETTER OF RE UEST
`
`The undersigned Administrative Law Judge finds that the evidence Complainants Jaguar
`
`Land Rover Limited and Jaguar Land Rover North America, LLC (together, “JLR” or
`
`“Complainants”) seek pursuant to their Proposed Letter of Request is reasonably necessary to fully
`
`investigate Complainants’ claims of a violation of Section 337 of the Tariff Act of 1930, as
`
`amended, 19 U.S.C. § 1337, specifically as it relates to Complainants’ allegations of infringement
`
`ofUS. Patent No. RE46,828 against Respondents Dr. Ing. h.c. F. Porsche AG., Porsche Cars North
`
`America, Inc., Volkswagen AG, Volkswagen Group of America, Inc., Automobili Lamborghini
`
`S.p.A, Automobili Lamborghini Ameiica, LLC, Audi AG, and Audi of America, LLC
`
`(collectively, “Respondents”). Accordingly, the undersigned recommends that the District Comt
`
`for the District of Columbia issue, under its seal and signature, the attached Letter of Request (and
`
`its certified German translation) to the Director of International Affairs of the Central Authority of
`
`the Requested State in the Federal Republic of Germany.
`
`A Letter of Request is the appropriate method of gathering necessaiy evidence outside the
`
`United States. Rule 28(b) of the Federal Rules of Civil Procedure contemplates gatheiing evidence
`
`through a deposition in a foreign country pursuant to a properly issued letter of request. See Fed.
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`PUBLIC VERSION
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`

`

`PUBLIC VERSION
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`R. Civ. P. 28 (“A deposition may be taken in a foreign country .
`
`.
`
`. under a letter of request. .
`
`.
`
`. A
`
`[letter of request] may be issued: (A) on appropriate terms after an application and notice of it.”).
`
`JLR must transmit the Letter of Request with a District Court judge’s signature and the District
`
`Court’s seal to the Central Authority for the Federal Republic of Germany for enforcement in a
`
`German court. Complainants’ Letter of Request meets the standards for Letters of Request set
`
`forth by the United States Department of State and the Hague Convention. See US. State
`
`Department-Bureau of Consular Afl'airs, Germany Judicial Assistance Information, Service of
`
`Process, available at https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country-
`
`Infonnation/Germany.html.
`
`In order to comply with the statutory time limitations on International Trade Commission
`
`investigations, the undersigned respectfully requests the Court to assign a judge and schedule a
`
`hearing to expedite the issuance of the Letter of Request.
`
`Respectfully submitted this_ day of
`
`, 2021
`
`MaryJoan McNamara
`Administrative Law Judge
`
`Address for Return Issued Letter of Reguest:
`Matt Moore
`
`Latham & Watkins
`
`555 Eleventh Street, NW, Suite 1000
`
`Washington, DC. 20004-1304
`
`PUBLIC VERSION
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`

`

`IIIIIIIIIIIII
`
`EXHIBIT B
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`In the United States District Court
`
`For the District of Columbia
`
`Jaguar Land Rover Limited and Jaguar Land
`Rover North America, LLC,
`
`Plaintiffs (Complainants),
`
`V-
`
`Dr. Ing. 11.c. F. Porsche AG., Porsche Cars
`North America, Inc., Volkswagen AG,
`Volkswagen Group of America. Inc.,
`Automobili Lamborghini S.p.A, Automobili
`Lamborghini America, LLC, Audi AG. and
`Audi of America, LLC.
`
`Defendants (Respondents).
`
`
`
`Civ. Action No. Misc.
`
`REQUEST FOR INTERNATIONAL ASSISTANCE — LETTER OF REQUEST
`
`The undersigned Judge of the United States District Court for the District of Columbia
`
`respectfully requests international judicial assistance to obtain evidence, under the Hague
`
`Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters,
`
`to be used in an administrative proceeding as approved by this Comt in the above captioned matter.
`
`Based on representations made by Jaguar Land Rover Limited and Jaguar Land Rover
`
`North America, LLC (collectively, “Complainants”), this Court believes that—
`
`. is in possession of documents and has knowledge regarding material facts that are relevant for
`
`the proper prosecution of the above-referenced administrative proceeding. This Court requests the
`
`assistance described herein.
`
`United States District C0th Judge
`US. District Court for the District Comt of Colmnbia
`
`Washington, DC. United States of America
`
`PUBLIC VERSION
`
`

`

`1.
`
`4.
`
`PUBLIC VERSION
`
`atthew J. Moore
`
`J atham & Watkins LLP
`
`- 55 11‘h Street NW
`uite 1000
`
`ashington, DC 20004
`SA
`
`el: +1 202.637.2278
`
`I mail: JLRITC.LWTEAM@lw.com
`
`,entral Authority of the
`equested State
`
`- xecuted request is to be
`'eturned
`
`I ate by which the requesting
`* uthority requires receipt of
`he response to the Letter of
`
`‘ atthew J. Moore
`
`1 atham & Watkins LLP
`- 55 1 1th Street NW
`suite 1000
`
`ashington, DC 20004
`SA
`
`el: +1 202.637.2278
`
`1 mail: JLRITC .LWTEAM@lw.com
`
`‘ s soon as reasonably practicable.
`
`eason for lu'gency: Under Section 337 of the Tariff Act
`of 1930, as amended, 19 U.S.C. § 1337, investigations in
`he United States International Trade Commission must
`
`e completed “at the earliest practicable time.” The fact
`n iscoveiy cutoff for this Investigation has been set for
`
`confomlity with Article 3 of the Convention, the Undersigned Applicant presents its
`compliments to the competent judicial authority in Germany and respectfully submits the
`following request:
`
`
`
`5.
`
`
`
`. Requesting judicial
`, uthority (article 3, a)
`
`e Honorable
`hief Judge
`nited States District Comt for the District of Colrunbia
`
`. Barrett Prettyman Federal Coruthouse
`:33 Constitution Avenue, NW.
`
`ashington, DC 20001
`nited States
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`. To the competent
`* uthofity of (alticle 3, a)
`
`| orth America, LLC
`
`\ ame and addresses of the parties and their representatives (including representatives in
`he requested state)
`
`.. Name of the case and any
`dentifying number
`
`n the Matter of: CERTAIN VEHICLE CONTROL
`YSTEMS, VEHICLES CONTAINING THE SAME, AND
`0MPONENTS THEREOF, Case No. 337-TA-1235
`
`omplainants
`
`aguar Land Rover Limited and Jaguar Land Rover
`
`
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`Matthew J. Moore
`
`Maximilian A. Grant
`
`Bert C. Reiser
`
`Jeremiah Egger
`Diane Ghrist
`
`LATHAM & WATKINS LLP
`
`555 11th St. NW, Suite 1000
`Washington, DC . 20004-1304
`Phone: (202) 637-2200
`
`Clement Naples
`Michael A. David
`
`LATHAM & WATKINS LLP
`
`885 Third Avenue
`
`New York, NY 10022-4834
`
`Phone: (212) 906-1200
`
`Daniel McNeely
`LATHAM & WATKINS LLP
`
`330 North Wabash Avenue, Suite 2800
`
`Daniel E. Yonan
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1 100 New York Avenue, NW
`
`Washington, DC. 20005
`
`
`
`Ir. Ing. h.c. F. Porsche AG., Porsche Cars North
`‘ nerica, Inc., Volkswagen AG, Volkswagen Group of
`‘ nerica, Inc., Automobili Lamborghini S.p.A,
`‘ utomobili Lamborghini America, LLC, Audi AG, and
`‘ udi of America, LLC
`
`Chicago, IL 60611
`Phone: (312) 876-7700
`
`Gabrielle A. LaHatte
`LATHAM & WATKINS LLP
`
`505 Montgomery Street, Suite 2000
`San Francisco, CA 9411 1
`Phone: (41 5) 391-0600
`
`Chris Henry
`LATHAM & WATKINS LLP
`
`200 Clarendon Street
`
`Boston, MA 021 16
`
`Phone: (617) 948 6000
`
`' espondents
`
`
`
`PUBLIC VERSION
`
`

`

`PUBLIC VERSION
`
`u is is a proceeding being conducted by the United
`5 tates International Trade Commission (“the
`.ommission”) under Section 337 of the Tariff Act of
`1930, as amended, 19 U.S.C. § 1337 (“Section 337”)
`ased on a Complaint filed by Jaguar Land Rover
`1 imited and Jaguar Land Rover North America, LLC on
`! ovember 19, 2020.
`
`omplainants allege that Respondents Dr. Ing. h.c. F.
`orsche AG., Porsche Cars North America, Inc.,
`
`olkswagen AG, Volkswagen Group of America, Inc.,
`‘ utomobili Lamborghini S.p.A, Automobili
`E amborghini America, LLC, Audi AG, and Audi of
`‘ erica, LLC (collectively, “Respondents”) infringe the
`laims of US. Patent No. RE46,828 entitled “Vehicle
`ontrol,” a reissue of US. Patent No. 7,349,776, based
`
`lpOll inclusion of Audi Drive Select, Porsche Traction
`anagement, Lamborghini ANIMA, and VW 4Motion
`ontrol vehicle control systems in certain models of
`ehicles sold, including the Porsche Cayeime E3,
`1 amborghini Urus, Audi Q8, Q7, Q5, A6 Allroad, E—
`on, and VW Tiguan, in the United States.
`
`The Requesting Judicial Authority requests that the
`Central Authori
`co
`el a erson with relevant
`
`to sit for oral
`knowledge from
`examination and produce related docmnentaiy
`evidence, to be explained in more detail below.
`
`Complainants seek to obtain evidence relating to
`source code that Respondents use in their vehicles.
`This infonnation is relevant to Complainants’ claims
`that Respondents’ ongoing use of such source code
`infiinges US. Patent No. RE46,828. Respondents
`have named_s an entity that
`supplies a subsystem and software used in or with the
`accused vehicle control system.
`
`nd a corporate designee
`
`. Nature of the proceedings
`alticle 3, c)
`
`. Summary of complaint
`
`. Evidence to be obtained or
`
`. ther judicial act to be
`uerformed (article 3, d)
`
`. Purpose of the evidence or
`udicial act sought
`
`Identity and address of any
`erson to be examined
`
`Article 3, e)
`
`
`
`10.
`
`O 11estions to be put to the
`ersons to be examined or
`
`ee Attachment C.
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`tatement of the subject-
`atter about which they are
`0 be examined (Article 3, t)
`
`I ocurnents or other property
`o be inspected (Article 3,
`
`e documents to be inspected are those related to the
`opics forth on Attachment B.
`
`
`
`e wit11ess(es) should be examined under oath or
`» ffirmation.
`
`'s Letter of Request includes the following requests:
`
`0 That this Letter of Request be granted and the
`evidence—taking proceeding be performed on an
`expedited basis because the fact discovery cut off
`in the underlying case is on June 11, 2021;
`
`That attorneys for the Complainants be permitted
`to ask the witness additional questions that are
`related to the subject matter set forth in
`Attachment A;
`That an authorized shorthand writer/court
`
`reporter be present at the examination who shall
`record the oral testimony verbatim (in English)
`and prepare a transcript of the evidence;
`That an authorized shorthand writer/court
`
`reporter be present at the examination who shall
`record the oral testimony verbatim (in German)
`and prepare a transcript of the evidence;
`That an authorized interpreter for each side be
`present at the examination who shall translate the
`questions and oral testimony between German
`and English;
`That the examinations take place at dates and
`times as may be agreed upon between the
`witness and counsel for the parties; and
`
`I
`
`l the event the evidence cannot be taken in the manner
`
`1‘ location requested, it is to be taken in such a manner
`I location as provided by local law. To the extent any
`equest in this section is deemed incompatible with
`erman principles of procedural law, it is to be
`
`11.
`
`12.
`
`13.
`
`
`
`14.
`
`' equest for information of
`ime and lace for the
`
`It is requested that United States counsel for the
`om laints, at the addresses set forth in ara u a h 6
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`* bove, should be contacted for any information relating
`o the execution of this Letter of Request.
`
`l o attendance ofjudicial personnel is requested.
`
`‘ uthofity at the Execution of
`he Letter of Request (A11. 8)
`
`pecification of Privilege or
`l uty to Refuse to Give
`i vidence Under the Law of
`'
`'
`
`re privilege or duty of the witness to refilse to give
`- vidence shall be the same as if they were testifying
`der the applicable provisions of the Federal Rules of
`ivil Procedure, including if giving such evidence
`ould (1) subject them to a real and appreciable danger
`f criminal liability in the United States, or (2) disclose a
`onfidential and privileged communication between
`hem and their respective attorneys.
`
`ashington, DC, United States of America
`
`
`ees and costs (A11. 14
`, Id 26)
`
`omplainants, to the extent any such fees apply. Please
`ontact the Complainants’ United States counsel, at the
`, ddress set out under paragraph 6 above, to make any
`ecessary financial arrangements.
`
`ignature and Seal of Requesting Authority
`
`of
`
`nited States District Court Judge
`
`.8. District Comt for the District of Columbia
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`ATTACHMENT A
`
`REQUESTS FOR TESTIMONY AND DOCUMENTS DEFINITIONS
`
`The following definitions are applicable herein, regardless of whether upper or lower case
`
`letters are used:
`
`1. — “You,” “you,” “Your,” and “your” collectively mean and
`
`refer to _and all predecessors, successors, predecessors-in—interest,
`
`successors-in-interest, subsidiaries, divisions, parents, and/or affiliates, past 01' present, any
`
`companies that have a controlling interest in_nd any current or former
`
`employee, officer, director, principal, agent, consultant, sales representative, or attorney thereof.
`
`2.
`
`“Respondents” means and refers to Dr. Ing. h.c. F. Porsche AG., Porsche Cars
`
`North America, Inc., Volkswagen AG, Volkswagen Group of America, Inc., Automobili
`
`Lamborghini S.p.A, Automobili Lamborghini America, LLC, Audi AG, and Audi of America,
`
`LLC, including their past and present officers, directors, employees, partners, consultants, agents,
`
`attorneys, and others acting or pmporting to act on their behalf, and including their predecessors,
`
`corporate parent, subsidiaries, or affiliates.
`
`3.
`
`“Audi” means and refers to Audi AG, and Audi of America, LLC, including their
`
`past and present officers, directors, employees, partners, consultants, agents, attorneys, and others
`
`acting or purporting to act on their behalf, and including their predecessors, corporate parent,
`
`subsidiaries, or affiliates.
`
`4.
`
`“Porsche” means and refers to Dr. Ing. h.c. F. Porsche AG. And Porsche Cars North
`
`America including their past and present officers, directors, employees, partners, consultants,
`
`agents, attorneys, and others acting or pru‘porting to act on their behalf, and including their
`
`predecessors, corporate parent, subsidiaries, or affiliates.
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`5.
`
`“Lamborghini” means and refers
`
`to Automobili Lamborghini S.p.A and
`
`Automobili Lamborghini America, LLC, including their past and present officers, directors,
`
`employees, partners, consultants, agents, attorneys, and others acting or purporting to act on their
`
`behalf, and including their predecessors, corporate parent, subsidiaries, or affiliates.
`
`6.
`
`“VW” means and refers to Volkswagen AG, Volkswagen Group of America, Inc.,
`
`including their past and present officers, directors, employees, partners, consultants, agents,
`
`attorneys, and others acting or purporting to act on their behalf, and including their predecessors,
`
`corporate parent, subsidiaries, or affiliates.
`
`7.
`
`“Accused Vehicle Control System” means and refers to the- vehicle
`
`control system that provide off-road settings, also known as Audi Drive Select or ADS, Porsche
`
`Traction Management or PTM, the Lamborghini Adaptive Network Intelligent Management or
`
`ANIlVIA, and the VW 4Motion Active Control vehicle control systems.
`
`8.
`
`“Accused Product(s)” means and refers to Audi Q8, Q7, Q5, A6 Allroad, E-tron,
`
`Porsche Cayenne E3, Lamborghini Urus, and VW Tiguan vehicles equipped with the Accused
`
`Vehicle Control System, vehicles that JLR contends infringes the US. Patent No. RE46,828.
`
`9.
`
`“Communication” shall mean any transmittal of infonnation (in the form of facts,
`
`ideas,
`
`inquiries or otherwise) by oral, written,
`
`telephonic, electronic or radio frequency
`
`transmission, or by any other means.
`
`10.
`
`The term “documents” includes all things within the meaning and scope of that
`
`term as used in the Commission’s Rules of Practice and Procedure, the Federal Rules of Civil
`
`Procedure, and the Federal Rules of Evidence. Any comment or notation appearing on any
`
`document, and not a part of the original text, is to be considered a separate “document” and shall
`
`be produced.
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`11.
`
`The term “information” means information in any form, including but not limited
`
`to documentary, electronic, graphical, or tabular, and communicated by any means, including but
`
`not limited to orally, in writing, or via electronic communication.
`
`12.
`
`The terms “referring,
`
`,7 ‘S.
`relating to”, and “concerning” mean making reference to,
`
`pertaining to, mentioning, discussing, representing, embodying, illustrating, describing, reflecting,
`
`supporting, negating, rebutting, contradicting, evidencing, and/or constituting.
`
`13.
`
`The term “any” shall be understood in either its most or least inclusive sense as
`
`necessary to bring within the scope of the interrogatory all responses that might otherwise be
`
`construed outside the scope interrogatory.
`
`14.
`
`The term “including” means “including without limitation.”
`
`15.
`
`To the extent not otherwise defined herein, all terms shall be defined synonymously
`
`with (1) their use in the Complaint, if used therein, or (2) their use in the Asserted Patent, or (3)
`
`their standard usage and understanding by people schooled in the relevant art, or members of the
`
`relevant technical community, or (4) their standard usage in common speech.
`
`w
`
`1.
`
`This request seeks documents to the full extent permitted by the Commission’s
`
`Rules of Practice and Procedure and the Ground Rules in the Present Investigation.
`
`2.
`
`Complainants request that You produce Electronically Stored Information (“ESI”)
`
`in the form it is kept in the ordinary course of business maintaining the same organizational
`
`environment and including all metadata.
`
`3.
`
`If no documents are responsive to a particular request, please confirm that no
`
`responsive documents exist by a written statement to that effect.
`
`4.
`
`Ifa document is in a language other than English, and an English translation exists,
`
`please provide both the original and the translation.
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`5.
`
`Each request shall be read to be inclusive rather than exclusive. Accordingly, the
`
`connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary
`
`to bring within the scope of the request all documents that otherwise might be construed to be
`
`outside of its scope. The word “all” includes “any” and vice versa. The past tense includes the
`
`present tense and the present tense includes the past tense. The use of the singular form of any
`
`word includes the plural form and vice versa. The masculine form of any word includes the
`
`feminine form and vice versa.
`
`6.
`
`If You decline to produce any document or part thereof based on a claim of
`
`privilege, the work product doctrine, or other grounds, describe the nature and basis of the claim
`
`and the information withheld in a manner sufficient:
`
`a.
`
`b.
`
`c.
`
`7.
`
`to disclose the facts upon which You rely in asserting the claim;
`
`to permit the grounds and reasons for withholding the information to be identified
`
`unambiguously; and
`
`to permit the information withheld to be identified unambiguously.
`
`You are to provide full and complete responses to the following requests after
`
`conducting a diligent and thorough investigation into all information within Your possession,
`
`custody, or control. IfYou cannot provide a full and complete response to