UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`Before The Honorable Bryan F. Moore
`Administrative Law Judge
`
`
`In the Matter of
`
`
`CERTAIN REPLACEMENT AUTOMOTIVE
`LAMPS (I)
`
`
`
`Inv. No. 337-TA-1291
`
`
`
`RESPONDENTS’ PRE-HEARING STATEMENT
`
`Pursuant to Ground Rule 11.1, Respondents LKQ Corporation and Keystone Automotive
`
`Industries, Inc. (collectively the “LKQ Respondents”) and Respondents TYC Brother Industrial
`
`Co., Ltd. and Genera Corporation (collectively, “TYC Respondents”) the (LKQ Respondents and
`
`TYC Respondents collectively, “Respondents”), hereby submit this Pre-Hearing Statement.
`
`I.
`
`Hearing Witnesses
`
`A.
`
`List of Witnesses – G.R. 11.1(a)
`
`Pursuant to Ground Rule 11.1(a), Respondents identify the following known witnesses
`
`they expect to call at the hearing, whether they are fact or expert witnesses, together with a brief
`
`outline of each witness’s proposed testimony. Copies of the curricula vitae for Respondents’
`
`expert witnesses are attached hereto as Exhibits 1-2. In addition, Respondents reserve the right to
`
`call adversely anyone who is identified as a witness by Complainants. Respondents reserve the
`
`right to rely on the deposition testimony of all witnesses deposed in the Investigation (including
`
`those identified in Respondents’ Pre-Hearing Brief). Respondents reserve the right to call any
`
`deposition witness live in the event that an individual’s deposition testimony is not admitted into
`
`the record. Estimated dates and length of testimony is set forth in Section I.B.
`
`
`
`1
`
`

`

`Name
`
`Address
`
`Subject of Testimony
`
`LKQ Corporation
`500 W Madison St., Ste 2800
`Chicago, IL 60661
`
`TYC Genera Corporation
`2800 Saturn Street
`Brea, CA 92821
`
`TYC Genera Corporation
`2800 Saturn Street
`Brea, CA 92821
`
`Justin Jude
`President, North America
`Wholesale Operations
`
`William Newman
`Chief Operating Officer
`TYC Genera Corporation
`
`Dylan Schickel
`OEM Division Manager
`TYC Genera Corporation
`
`Chung-Shou Jiang
`Vice Manager, Development
`Department
`TYC Brother Industrial Co.,
`Ltd.
`Brian Baker
`
`Mr. Jude is expected to
`provide testimony regarding
`LKQ, its business operations,
`and the topics discussed in his
`deposition.
`Mr. Newman is expected to
`provide testimony regarding
`Genera Corp., its business
`operations, and
`the
`topics
`discussed in his deposition.
`Mr. Schickel is expected to
`provide testimony regarding
`Genera Corp., its business
`operations,
`the automotive
`lamp
`industry,
`the
`TYC/Genera Respondents’
`affirmative defenses, and the
`topics
`discussed
`in
`his
`deposition.
`to
`is expected
`Mr. Jiang
`TYC Brother Industrial Co.,
`provide testimony regarding
`Ltd.
`TYC Brother,
`its business
`No. 72-2 Sinle Road, An-Ping
`operations, and
`the
`topics
`Industrial District
`discussed in his deposition.
`Tainan 70248, Taiwan
`
`22157 Metamora Lane Mr. Baker is an expert on
`Beverly Hills, MI 48025
`automotive design. Mr.
`Baker is expected to provide
`testimony regarding non-
`infringement by Respondents
`of Complainants’ patents,
`invalidity and
`unenforceability of
`Complainants’ patents, that
`Complainants’ DI Parts do
`not practice Complainants’
`asserted patents, and the other
`issues discussed in his expert
`reports and in his deposition.
`Dr. Vander Veen is an
`economic expert. Dr. Vander
`Veen is expected to provide
`testimony supporting his
`opinion that the products that
`allegedly practice the asserted
`
`Dr. Thomas D. Vander Veen Epsilon Economics
`111 South Wacker Drive; 50th
`Floor
`Chicago, Illinois 60606
`
`
`
`2
`
`

`

`patents are not commercially
`successful and that no nexus
`exists between any alleged
`commercial
`success of the domestic
`industry products, vehicles
`that incorporate the domestic
`industry products, or accused
`products and the claimed
`designs of the
`asserted patents.
`
`
`Respondents expressly reserve the right to modify this witness list based on developments
`
`during the hearing.
`
`
`
`
`
`
`
`3
`
`

`

`B.
`
`Estimated Witness Schedule – G.R. 11.1(e)
`
`Pursuant to Ground Rule 11.1(e), attached as Exhibit 3 is a table reflecting the parties’
`
`exchanged witness examination estimates. The joint chart reflects the tentative agreement between
`
`the parties regarding the order of appearance of witnesses and estimated times and dates for
`
`testimony by a particular witness.
`
`The parties have tentatively agreed that each witness will only testify once during the
`
`hearing. If a party intends to call an opposing party’s witness who is appearing live at the hearing
`
`in their case-in-chief, that party may conduct an adverse direct examination of the witness at the
`
`time the witness appears in the opposing party’s case-in-chief. The adverse direct examination
`
`will immediately follow the conclusion of direct and cross examination of the opposing party’s
`
`witness.
`
`The parties will continue to meet and confer and revise the tentative witness lists and time
`
`estimates in light of further discussions. Respondents reserve the right to modify this list, including
`
`through the elimination of witnesses and the calling of other rebuttal witnesses as necessary.
`
`II.
`
`Exhibit List – G.R. 11.1(b)
`
`Pursuant to Ground Rule 11.1(b), Respondents append Exhibit 4, which is their Exhibit
`
`List. Respondents will continue to review their exhibit list in an attempt to reduce the number of
`
`exhibits prior to trial, and Respondents are continuing to meet and confer with Complainants to
`
`identify joint exhibits. Respondents may identify additional exhibits and withdraw exhibits and
`
`may use exhibits identified on the parties’ joint exhibit list and/or Complainants’ exhibit list, newly
`
`produced information, and any additional documents, including for cross-examination and
`
`impeachment. Respondents do not waive any objection to Complainants using exhibits on
`
`
`
`4
`
`

`

`Respondents’ list or the parties’ joint exhibit list. The parties will meet and confer regarding
`
`objections to exhibits prior to each hearing day in order to minimize disputes.
`
`III.
`
`Stipulations – G.R. 11.1(c)
`
`Pursuant to Ground Rule 11.1(c), the parties have entered into the following stipulations:
`
`1.
`
`
`2.
`
`
`3.
`
`4.
`
`5.
`
`Joint Stipulation of Material Facts Relating to Complainants’ Facilities
`and Equipment
`
`Joint Stipulation Regarding the Cross-Use of Confidential Business
`Information in Investigations 337-TA-1291 and -1292
`
`Joint Stipulation of Facts Regarding Complainants’ Call Centers
`
`Joint Stipulation of Material Facts Relating to Importation
`
`Joint Stipulation Regarding Representative Accused Products and
`Domestic Industry Products
`
`
`Proposed Agenda for Pre-Hearing Conference – G.R. 11.1(d)
`
`IV.
`
`Pursuant to Ground Rule 11.1(d), Respondents propose the following agenda for the Pre-
`
`Hearing Conference:
`
`1.
`
`Resolution of any pending motions, including motions in limine.
`
`Resolution of any other pending evidentiary issues, such as exhibit
`2.
`objections and objections to certain designated deposition testimony.
`
`3.
`
`4.
`
`5.
`
`Admission of certain joint exhibits into evidence.
`
`Confirmation of allotted hearing time among Complainants and
`Respondents.
`
`Agreements between the parties regarding proposed logistics for adverse
`direct examinations and proposed use of deposition designations at the
`hearing.
`
`6.
`
`Any other issues raised in the prehearing filings of the parties.
`
`
`
`5
`
`

`

`V.
`
`Participation in NEXT Advocates Program
`
`In accordance with the NEXT Advocates Program, initiated by the Commission’s Office
`
`of Administrative Law Judges,1 Respondents are providing a less-experienced attorney with the
`
`opportunity to examine one of Respondents’ expert witnesses, Dr. Vander Veen. The Ground
`
`Rules do not currently address the NEXT Advocates program or whether any accommodations
`
`will be made for the less-experienced attorney. Thus, Respondents respectfully request that the
`
`ALJ address participation in the NEXT Advocates program during the prehearing conference.
`
`Respondents certify that the attorney participating in the NEXT Advocates program, Hayley
`
`Ostrin, has given three or fewer substantive oral arguments or witness examinations in any federal
`
`tribunal.
`
`VI. Certification of Good Faith Efforts to Settle – G.R. 11.1(f)
`
`Pursuant to Ground Rule 11.1(f), Respondents certify that they have made good-faith
`
`efforts to settle the remaining issues in this Investigation.
`
`
`
`
`
`
`
`
`1 (See NEXT Advocates Program Announcement:
`https://www.usitc.gov/next_advocates_nurturing_excellence_in_trial_advocates.htm.)
`6
`
`
`
`

`

`Dated: July 22, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Barry F. Irwin
`Barry F. Irwin, P.C.
`Michael P. Bregenzer
`Edward Runyan
`Jason Keener
`Daniel Sokoloff
`Ted Mahan
`IRWIN IP LLC
`150 N. Wacker Drive, Suite 700
`Chicago, IL 60606
`(312) 667-6080
`lkq-1291-iip@irwinip.com
`
`Tom Schaumberg
`Benjamin Levi
`Rett Snotherly
`LEVI SNOTHERLY & SCHAUMBERG, PLLC
`1101 Connecticut Avenue, N.W., Suite 450
`Washington, DC 20036
`Telephone: (202) 997-3711
`Email: lkq-1291-lss@levisnotherly.com
`
`
`Attorneys for Respondents LKQ Corporation
`and Keystone Automotive Industries Inc.
`
`
`
`7
`
`

`

`
`
`
`
`
`
`/s/ Joshua Hartman
`Joshua Hartman
`Hayley Ostrin
`Catherine Mayer
`Merchant & Gould P.C.
`1900 Duke Street, Suite 600
`Alexandria, VA 22314
`Telephone: (703) 684-2500
`Facsimile: (612) 332-9081
`
`James W. Beard
`Merchant & Gould P.C.
`1801 California Street, Suite 3300
`Denver, CO 80202
`
`John T. Winemiller
`Merchant & Gould P.C.
`800 S. Gay Street, Suite 2150
`Knoxville, TN 37929
`
`E-Mail: TYCGenera-
`1291@merchantgould.com
`
`
`Chris Holland
`Lori Holland
`Patience Ren
`Clark Waldon
`Marty Koresawa
`Thomas Ward
`Holland Law LLP
`220 Montgomery Street, Suite 800
`San Francisco, CA 94104
`Telephone: (415) 200-4980
`Email: cholland@hollandlawllp.com
` lholland@hollandlawllp.com
` pren@hollandlawllp.com
` cwaldon@hollandlawllp.com
` mkoresawa@hollandlawllp.com
`
`Counsel for Respondents TYC Genera
`Corporation and TYC Brother Industrial Co.,
`Ltd.
`
`8
`
`
`
`
`
`
`
`
`

`

`
`
`
`Exhibit 1
`Exhibit 1
`
`

`

`BRIAN C. BAKER
`
`
`
`
`
`
`
`Phone: 248.417.2929
`
`
` brianbaker.design@yahoo.com
`
`
`
`
`
`
`
`
` 2019-present
`
`
`22157 Metamora Lane
`Beverly Hills, MI 48025
`
`
`
`Principal Historian at the Automotive Hall of Fame, V.P of Education and Collegiate
`Professor, General Motors Vehicle Designer, Industry Consultant, Expert Witness and
`globally recognized speaker on Mobility and the future. For three decades, I’ve brought
`Automotive history to the next generation and international professionals through my
`work at universities. I seek to Inspire others to understand history and potential future of
`their world.”
`
`THE AUTOMOTIVE HALL OF FAME, Dearborn Michigan
`Vice-Président, Education & Principal Historian
`Executive over historical research, Creator of a nationwide Education Network of museums and
`Universities, Developer of an Education Lecture series and Enthusiast events for students of all
`ages. Curator of vehicle and museum displays. Supporter of development doners.
`
`
`
`LELAND CHAPTER OF THE SOCIETY OF AUTOMOTIVE HISTORIANS
`President
`
`THE HENRY FORD MUSEUM
`
`ASC: AMERICAN SPECIALITY CARS; Technical Center, Warren MI
`Vice-Président, Design & Marketing
`Directed OEM relationships; Mercedes Benz Commercial: Executive over a vehicle creation team
`through the Design, Fabrication & Prototyping for Pepsi, Entegra Motor Coaches and others.
`
` 2017 to present
`
`Historical Presenter 2016
`
`2014 - 2015
`
`
` Founder 2009
`
`AUTOARCHEOLOGY LLC; International Design Consulting:
`
`
`Expert Design Witness, Legal Patents
`
`Ford Motor Co. Jeep, Tesla Jaguar LR
`
`
`Antique Automobile Club of America Museum: Hershey, PA, National Development
`
` Motorsports Hall of Fame Museum of America,
`Exhibit Design
`
`GENERAL MOTORS CORPORATION Technical & Design Center, Warren, MI
`
`1984 - 2009
`
`Sr. Mgr. Archives, Photo & Video Production, Education, Executive Presentation 2004 - 2009
`
`Sr. Design Manager, Corporate Brand Character Studio 1996 – 2004
`I co-created this pioneering, internal "Design Think Tank" an all-digital studio
`Created "Speed Vision", a design acceleration methodology
`
`Sr. Designer : Chevrolet SSR, Pontiac GTO, Cadillac Concepts, and more…
`
`U.S. Automotive Patent holder : (# 6,347,828) Chevrolet SSR, retractable hard top
`
`Lead Designer for : Cadillac, Chevrolet, Saturn and Advanced design studios
`
`Opel AG GM Design Studios Germany, International assignment
`
`
`
`
`
` 1987-1988
`
`
`
`HISTORIAN, EDUCATOR & SPEAKER
`Since 2017
`SOCIETY OF AUTOMOTIVE HISTORIANS, President, Detroit Leland Chapter
` Public Lectures & Programs for historians & students Southeastern Michigan
` AUTOMOTIVE HALL OF FAME LECTURE SERIES: Jack Telnack; Mustang designer student event
` R.E. OLDS MUSEUM: DESIGN STUDIO SECRETS: Public panel leader, Lansing Michigan
` GILMORE AUTO MUSEUM: The un told stories of Auto History
`
`THE AUTONOMOUS VEHICLE: Past and Future: CCCU Board Conference 2019
`
`
`
`THE EYE, THE BRAIN AND THE AUTO; AUTONOMOUS VEHICLE CONFERENCE
`
`2018
`
`

`

`AMERICAN CULTURAL IMMERSION CONFERENCE Keynote Speaker, TOKYO, JAPAN 2018
`
`IQPC ADVANCED LIGHTING STRATEGIES CONFERENCE, Chairman
`
` 2018
`
`ITB Futures keynote speaker: Millennials 2035 studies, Novi Michigan
`
`
`
`
`
` 2016
`
`INDIA AUTOMOTIVE SUMMIT; Keynote Speaker, PUNE, INDIA 2014
`
`LAWRENCE TECHNICAL UNIVERSITY; ARCHITECTURE & DESIGN, Southfield MI 2010-present
`
`History of Vehicle Design: development of motorized vehicle & the future of autonomy
`
`DESIGN HISTORIAN & AUTHOR 2002-present
`Lead the creation & Art Direction of; DRIVING STYLE; The first century of GM Design. P.2008
`
`
`COLLEGE FOR CREATIVE STUDIES, Detroit, MI
`present
`History of Modern Design; The Industrial Revolution to today and into the future
` Presenting cultural, world events and the history of Industrial manufacturing & design through
` a survey of; products, popular culture, architecture and lifestyles; 1850 to the future.
` Business Practices: Practical knowledge for creative people in the world of business
`Design/ Art Studio Instructor. Freshman & Sophomore 3-D automotive design studios
`
`
`
`
`
`
`
` 1989-
`
`
`THE UNIVERSITY OF MICHIGAN / CCS partnership: Female vehicle concepts for 2035 2014
`Lead a research study with rural and urban millennial females anticipate they will
`want in their vehicles as they become parents. 20 High School age students
`
`
`CLEVELAND INSTITUTE OF THE ARTS, COLLEGE OF DESIGN
`
`
`
` FCA sponsored Design Studio instructor. Corporate sponsored projects
`
`Lear Corporation; High School, Intro to vehicle design program. 25 students
`Vehicle Concepts for the mid-21st Century
`
`
` 2012- 2014
`
`
`
` 2013
`
`General Motors Design International Education Manager 2001-2007
` Global university summer internship program for 24 designers from 4 continents
`
`Cleveland Institute of Art, Lawrence Technological University, Wayne State University 1988-2021
` Adjunct Professor; History of the Industrial Revolution and the Popular culture of Automobiles
`
`DISCOVERY CHANNEL, Future Car TV Series
`
`
`Television concept & production and on camera development
`Assistant Producer for the "Future Car" TV program
`
`INDY CAR RACING, Mann Motorsports Indianapolis, IN
` Media and racing crew, Top 10 finish in the Indianapolis 500
`
`EDUCATION
`ART CENTER COLLEGE OF DESIGN, Pasadena, CA Bachelor of Science with Honors
`COLLEGE FOR CREATIVE STUDIES, Detroit, MI
`
`
`
`
`
`INDIANA UNIVERSITY,
`
`
`
`
`
`
`
`
`
` 1992
`
`1980-1984
`1979-1980
`1978-1979
`
`
`
`
`
` 2006-2008
`
`
`
`AWARDS & PRESENTATIONS and NETWORK BROADCASTS
`
`
`
`ESPN Network Design Historian for “Harley Earl and NASCAR” TV program
`
`
`
`
`
`
`
` Book Publishers Association; Bronze medal Driving Style: GM designs first century 2008
`
`2000 NA International Auto Show Most Significant Concept” Lead designer, Chevrolet SSR
`
`
`
`
`
`
`
`
`
`
`
`

`

`Brian Baker Expert Design Patent Witness Cases since 2018.
`
`
`
`Ford Global Technologies, LLC v. New World International Inc. et al, No.
`
`3:2017cv03201 - Document 320 (N.D. Tex. 2018) Brooks-Kushman, Southfield MI
`
`Court Description: MEMORANDUM OPINION AND ORDER: The Court grants FGTL's
`227 motion for partial summary judgment on the issue of infringement, establishing
`liability in FGTL's favor. The Court denies New World's 215 motion for summary
`judgment on the issues of damages, patent invalidity, unenforceability, and
`noninfringement. (Ordered by Judge David C Godbey on 11/5/2018) (zkc)
`
`
`Mahindra vs.FCA US LLC (Jeep) through Venable LLP Washington D.C.
`
`Mahindra & Mahindra Ltd et al v. FCA US LLC, No.ington 2:2018cv12645 -
`Document 448 (E.D. Mich. 2021)
`
`Court Description: OPINION and ORDER Denying Plaintiffs' 417 MOTION for
`Summary Judgment of No False Advertising Signed by District Judge Gershwin A.
`Drain. (TMcg)
`
`Venable LLP
`600 Massachusetts Avenue, NW
`Washington, DC 20001
`
`
`
`
`Mahindra & Mahindra Ltd et al v. FCA US LLC, No. 2:2018cv12645 -
`
`Document 416 (E.D. Mich. 2020)
`
`Court Description: OPINION and ORDER Granting Defendant's 400 MOTION for
`Summary Judgment as to Trade-Dress Infringement, Granting Plaintiffs' 409 Cross
`MOTION for Summary Judgment on Trademark Infringement and Dilution Claims, 405
`Cross MOTION for Summary Judgment on Trademark Infringement and Dilution Claims
`Signed by District Judge Gershwin A. Drain. (TMcg)
`
`
`Tesla Inc. and Nicola LLC through Business Law filings
`
`Case 3-18-cv-07460-JD Document 57-1
`
`Design Patent research, Opinion filled. Case now inactive
`
`
`
`
`
`
`
`Mahindra and Mahindra Ltd. Vs FCA US (Stelantis)
`
`Declaration of Brian C. Baker
`
`December 12-17th 2021
`
`

`

`
`
`
`
`Venable LLP
`
`600 Massachusetts Avenue, NW
`Washington, DC 20001
`
`
`
`
`Before the controller of Patents and Designs Patent Office, Kolkata India
`
`In the matter of the Designs rules 2001
`
`Regarding of Cancellation and registration
`
`of registered design # 303151
`
`of section 19 of the design’s act 2000
`
`
`
`
`
`
`
`
`
`Additionally In November of 2021 I was approached by Land Rover Jaguar’s
`representation regarding a potential case involving trade dress that has not yet come to
`court.
`
`
`
`This identifies the cases I have opined on over the past 4 Years.
`
`Regards
`
`Brian C. Baker
`
`March 2 2022
`
`
`
`

`

`
`
`
`Exhibit 2
`Exhibit 2
`
`

`

`
`
`
`Thomas D. Vander Veen, Ph.D.
`Managing Director
`
`
`
`
`Epsilon Economics
`111 South Wacker Drive; 50th Floor
`Chicago, Illinois 60606
`
`
`
`
`
`tvanderveen@epsiloneconomics.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Office: 312.637.2960
`
`
`
`
`
`Summary
`
`Thomas Vander Veen specializes in the application of economics to intellectual property,
`international trade, and complex commercial disputes. Dr. Vander Veen has served as an
`economic expert in U.S. Courts, state courts and before the U.S. International Trade
`Commission.
`
`His expertise includes valuation of intellectual property; evaluation of economic damages
`related to patent, copyright and trademark infringement, false advertising, breach of contract,
`and theft of trade secrets; and economic analysis in section 337 intellectual property matters
`before the U.S. International Trade Commission. Dr. Vander Veen’s analysis of economic
`damages has included the development and analysis of consumer surveys. His intellectual
`property experience also includes the evaluation of commercial success of patented products,
`including in ANDA actions. He has studied market structure, competition, and performance of
`numerous pharmaceutical products,
`including pricing, marketing and promotion, and
`regulatory approval. He has performed economic analysis in numerous industries, including
`medical devices, pharmaceuticals, consumer retail products, consumer electronic devices,
`semiconductors, software and automotive products.
`
`Dr. Vander Veen served as the principal economic advisor to a Commissioner, and
`subsequently the Chairman, of the U.S. International Trade Commission. He has taught
`economics and finance at Northwestern University and economics at Skidmore College. He
`served as the Chairman of the Board of Directors of the Chicago Youth Centers. He serves as
`a Governing Member of the Chicago Symphony Orchestra Association and on the boards of
`several academic and charitable institutions.
`
`2/5/2022
`
`
`
`Page 1 of 20
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`

`

`
`
`
`
`
`
`Education
`
`
` Ph.D. (Economics), Brown University, 1998
`
` 
`
` M.A. (Economics), Brown University, 1992
`
`
`
` B.A. (Economics and Mathematics), Calvin College, 1990
`
`
`
`Professional and Academic Experience
`
`
` Epsilon Economics
`Managing Director and President, 2015 – present
`
` Northwestern University – McCormick School of Engineering and Applied Science
`Adjunct Lecturer, 2016
`
` Navigant Economics
`Managing Director and Principal, 2013 – 2015
`Director and Principal, 2010 – 2013
`
` LECG, LLC
`Senior Managing Economist, 2006 – 2010
`
` Wheaton College
`Adjunct Instructor of Economics – 2009
`
` Charles River Associates, Inc. / CRA International, Inc. / InteCap, Inc.
`Associate Principal, 2005 – 2006
`Associate, 2003 – 2005
`
` U.S. International Trade Commission
`Economist and Advisor to Commissioner Stephen Koplan, 1999 – 2003
`
` Skidmore College
`Assistant Professor of Economics, 1997 – 1999
`
`
`
`Professional Affiliations
`
`
` American Economic Association
`
` 
`
` Licensing Executives Society
`
`
`
`
`
`International Trade Commission Trial Lawyers Association (Associate Member)
`
`2/5/2022
`
`
`
`Page 2 of 20
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`

`

`
`
`
`
`
`
`Expert Testimony
`
`
`1. Certain Wearable Electronic Devices with ECG Functionality and Components Thereof
`AliveCor, Inc. v. Apple Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1266
`Patent Infringement
`
`2. Certain Radio Frequency Transmission Devices and Components Thereof
`Zebra Technologies v. OnAsset Intelligence, Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1278
`Patent Infringement
`
`3. Certain Fitness Devices, Streaming Components Thereof and Systems
`DISH DBS Corporation, et al. v. iFIT, Inc.; Peloton Interactive, Inc.; et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1265
`Patent Infringement
`
`4. Certain Portable Battery Jump Starters and Components Thereof
`The NOCO Company v. Schumacher Electric Corporation; et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1256
`Patent Infringement
`
`5. Certain IP Camera Systems Including Video Doorbells and Components Thereof
`SkyBell Technologies, Inc. et al. v. Vivint Smart Home, Inc.; SimpliSafe, Inc.; et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1242
`Patent Infringement
`
`6. Certain UMTS and LTE Cellular Communications Modules
`Koninklijke Philips N.V, et al. v. Thales DIS AIS USA, LLC, Thales DIA AIS
`Deutschland GmbH, et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1240
`Patent Infringement
`
`7. Certain Radio Frequency Identification Products, Components Therefore, and Products
`Containing the Same
`Amtech Systems, LLC v. Kapsch TrafficCom AG, et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1234
`Patent Infringement
`
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`2/5/2022
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`8. Certain Shingled Solar Modules, Components Thereof, and Methods for Manufacturing
`The Solaria Corporation v. Canadian Solar Inc. and Canadian Solar (USA) Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1223
`Patent Infringement
`
`9. Certain Artificial Eyelash Extension Systems, Products, and Components Thereof
`Lashify, Inc. v. KISS Nail Products, Inc., Ulta Salon, Cosmetics & Fragrance, Inc.,
`Walmart, Inc. and CVS Pharmacy, Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1226
`Patent Infringement
`
`10. Zimmer, Inc., et al. v. Heraeus Medical LLC, et al.
`Kosciusko County Superior Court, State of Indiana, Marshall County
`Cause No. 43D01-1802-PL-000021
`Trade Secret Misappropriation, Breach of Contract, Tortious Interference
`
`11. Certain Variable Speed Wind Turbine Generators and Components Thereof
`General Electric Company v. Siemens Gamesa Renewable Energy Inc., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1218
`Patent Infringement
`
`12. Shure Incorporated, et al. v. ClearOne, Inc.
`U.S. District Court – District of Delaware
`Civil Action No. 19-1343-RGA-CJB
`Patent Infringement, False Advertising, Tortious Interference, Unfair Competition
`
`13. Micro Focus (US), Inc., et al. v. Insurance Services Office, Inc.
`U.S. District Court – District of Delaware
`Case No. 15-252-RGA
`Breach of Contract, Copyright Infringement
`
`14. Certain Movable Barrier Operator Systems and Components Thereof
`Overhead Door Corporation and GMI Holdings, Inc v. The Chamberlain Group, Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1209
`Patent Infringement
`
`15. Medline Industries, Inc. v. C.R. Bard, Inc.
`U.S. District Court – Northern District of Illinois, Eastern Division
`Civil Action No. 1:17-cv-07216
`Patent Infringement
`
`
`
`2/5/2022
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`Page 4 of 20
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`16. Arendi S.A.R.L. v. LG Electronics, Inc., et al.
`U.S. District Court – District of Delaware
`Case No. 1:12-cv-01595 (LPS)
`Patent Infringement
`
`17. Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes,
`Remote Controllers, and Components Thereof
`Universal Electronics, Inc. v. Roku, Inc., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1200
`Patent Infringement
`
`18. Certain Chemical Mechanical Planarization Slurries and Components Thereof
`CMC Materials, Inc. v. DuPont de Nemours, Inc., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1204
`Patent Infringement
`
`19. Certain Portable Gaming Console Systems with Attachable Handheld Controllers
`Gamevice, Inc. v. Nintendo Co., Ltd. and Nintendo of America, Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1197
`Patent Infringement
`
`20. Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs
`LG Chem, Ltd. and LG Chem Michigan Inc., et al. v. SK Innovation Co., Ltd, et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1181
`Patent Infringement
`
`21. Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs
`SK Innovation Co., Ltd, et al. v. LG Chem, Ltd. and LG Chem Michigan Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1179
`Patent Infringement
`
`22. Certain Bone Cements and Bone Cement Accessories
`Zimmer, Inc., et al. v. Heraeus Medical GmbH and Heraeus Medical LLC
`U.S. International Trade Commission
`Investigation No. 337-TA-1175
`Trade Secret Misappropriation, False Advertising, Tortious Interference
`
`23. Medline Industries, Inc. v. C.R. Bard, Inc.
`U.S. District Court – Northern District of Illinois, Eastern Division
`Civil Action No. 1:16-cv-03529
`Patent Infringement
`
`2/5/2022
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`Page 5 of 20
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`24. Certain Wireless Communication Devices and Related Components Thereof
`Innovation Sciences LLC v. Resideo Technologies, Inc, HTC Corporation, et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1180
`Patent Infringement
`
`25. ClearOne, Inc. v. Shure Incorporated
`U.S. District Court – Northern District of Illinois, Eastern Division
`Civil Action No. 1:17-cv-03078
`Patent Infringement
`
`26. Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof
`Ethicon LLC, et al. v. Intuitive Surgical, Inc., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1167
`Patent Infringement
`
`27. Certain Foodservice Equipment and Components Thereof
`Illinois Tool Works Inc., et al. v. Guangzhou Rebenet Catering Equipment
`Manufacturing Co., Ltd., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1166
`Patent Infringement
`
`28. Certain Vehicle Security and Remote Convenience Systems and Components Thereof
`DEI Holdings, Inc., Directed, LLC and Directed Electronics Canada Inc. v.
`Automotive Data Solutions, Inc. and Firstech, LLC
`U.S. International Trade Commission
`Investigation No. 337-TA-1152
`Patent Infringement
`
`29. Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components
`Thereof
`Ingevity Corp. and Ingevity South Carolina, LLC v. MAHLE Filter Systems North
`America, Inc., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1140
`Patent Infringement
`
`30. Automotive Data Solutions, Inc. v. Directed Electronics Canada Inc., DEI Holdings,
`Inc. and Directed, LLC
`U.S. District Court – Central District of California
`No. 2:18-cv-01560-GW
`Patent Infringement, Copyright Infringement, Trade Secret Misappropriation
`
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`2/5/2022
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`Page 6 of 20
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`31. Medline Industries, Inc. v. C.R. Bard, Inc.
`U.S. District Court – Northern District of Illinois, Eastern Division
`Civil Action No. 1:14-cv-03618
`Patent Infringement
`
`32. Certain Unmanned Aerial Vehicles and Components Thereof
`Autel Robotics USA LLC v. SZ DJI Technology Co. Ltd., DJI Technology Inc., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1133
`Patent Infringement
`
`33. Certain Wireless Mesh Networking Products and Related Components Thereof
`SIPCO LLC v. Emerson Electric Co., et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1131
`Patent Infringement
`
`34. Certain Motorized Vehicles and Components Thereof
`FCA US LLC v. Mahindra & Mahindra Ltd.; Mahindra Automotive North America, Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1132
`Trademark and Trade Dress Infringement
`
`35. Certain Magnetic Data Storage Tapes and Cartridges Containing the Same
`Fujifilm Corporation, et al v. Sony Corporation, et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1012 (Enforcement Proceeding)
`Patent Infringement
`
`36. Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. and LG Electronics
`Mobilecomm U.S.A., Inc.
`U.S. District Court – Eastern District of Texas, Marshall Division
`Case No. 2:14-cv-912-JRG-RSP (Damages Retrial)
`Patent Infringement
`
`37. Certain Microfluidic Systems and Components Thereof and Products Containing Same
`10X Genomics, Inc. v. Bio-Rad Laboratories, Inc.
`U.S. International Trade Commission
`Investigation No. 337-TA-1100
`Patent Infringement
`
`38. Certain Memory Modules and Components Thereof, and Products Containing Same
`Netlist Inc. v. SK hynix Inc., SK hynix America, Inc. et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1089
`Patent Infringement
`
`2/5/2022
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`Page 7 of 20
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`39. Certain Strontium-Rubidium Radioisotope Infusion Systems and Components Thereof
`Including Generators
`Bracco Diagnostics Inc. v. Jubilant DraxImage Inc. et al.
`U.S. International Trade Commission
`Investigation No. 337-TA-1110
`Patent Infringement
`
`40. Rick C. Sasso, M.D. v. Warsaw Orthopedic, Inc., Medtronic, Inc., et al.
`Plymouth Circuit Court, State of Indiana, Marshall County
`Cause No. 50C01-1806-PL-000027
`Breach of Contract
`
`41. VIZIO, Inc. v. Nichia Corporation
`The United States Patent and Trademark Office, Patent Trial and Appeal Board
`Case Nos. IPR2017-01608 and IPR2017-01623
`Patent Review
`
`42. Epistar Corporation v. Lowe’s Companies, Inc. and Lowe’s Home Centers, LLC
`U.S. District Court – Central District of California
`Case No. 2:17-cv-03219
`Patent Infringement
`
`43. Certain Gas Spring Nailer Products and Components Thereof
`Kyocera Senco Brands Inc. v. Hitachi Koki U.S.A., Ltd.
`U.S. International Trade Commission
`Investigation No. 337-TA-1082
`Patent Infringement
`
`44. Certain Clidinium Bromide and Products Containing Same
`Valeant Pharmaceuticals North A