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`Washington, D.C.
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`In the Matter of
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`CERTAIN ELECTRONIC COMPUTING
`DEVICES AND COMPONENTS
`THEREOF
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`Inv. No. 337-TA-1382
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`ORDER NO. 45:
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`GRANTING-IN-PART AND DENYING-IN-PART
`COMPLAINANT’S REQUEST FOR THE RECEIPT OF
`EVIDENCE WITHOUT A SPONSORING WITNESS
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`(September 3, 2024)
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`On August 23, 2024, Complainant Lenovo (United States) Inc. (“Lenovo US”) filed a
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`request for the receipt of certain evidence without a sponsoring witness. EDIS Doc. ID 830424
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`(“Request”). Lenovo US certifies that Respondents ASUSTeK Computer Inc. and ASUS
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`Computer International (“ASUS”) do not oppose Lenovo US’s request. Id. at 3. For the reasons
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`set forth below, Lenovo US’s request is GRANTED-IN-PART and DENIED-IN-PART.
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`Lenovo US requests the receipt of four categories of exhibits without a sponsoring
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`witness: 1) the asserted patents, file histories of the asserted patents, and assignment records for
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`the asserted patents; 2) ASUS’s responses to certain discovery; 3) the parties’ deposition
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`designations and counter-designations, along with corresponding exhibits; and 4) the Importation
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`and Inventory Stipulation and accompanying exhibits. Request at 1-2.
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`Requests for receipt of evidence without a sponsoring witness should be made according
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`to the procedures in Ground Rule 9.5.4. As set forth therein, exhibits should typically have a
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`sponsoring witness “to establish a foundation for the exhibit and to prevent exhibits from coming
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`into the record without context.” Ground Rule 9.5.4. However, certain non-controversial
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`exhibits can be admitted into evidence without a sponsoring witness. Id.
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`PUBLIC VERSION
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`
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`Lenovo US’s request is GRANTED with respect to the certified asserted patents, file
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`histories of the asserted patents, and assignment records for the asserted patents, and the patent
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`assignments. These exhibits are non-controversial documents that may be, and routinely are,
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`admitted without a sponsoring witness.
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`Lenovo US’s request is also GRANTED with respect to Respondents’ discovery
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`responses, i.e., responses to interrogatories, requests for admission, and objections and responses
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`to notices of deposition of Respondents. See 19 C.F.R. §§ 210.28(h), 210.29(a), 210.31(d).
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`Lenovo US’s request is DENIED with respect to the parties’ deposition designations and
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`associated exhibits. The undersigned does not ordinarily treat requests for admission of
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`deposition testimony and associated exhibits through the Ground Rule 9.5.4 rubric. See Certain
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`Flocked Swabs, Prods. Containing Flocked Swabs, & Methods of Using Same, Inv. No 337-TA-
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`1279, Order No. 65 at 2 (Public Version July 5, 2022). The admission of deposition designations
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`and related exhibits should occur pursuant to a request at the hearing for the admission of
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`deposition testimony, which should include confirmation on the record regarding the lack of
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`remaining objections to the designated testimony and sponsored exhibits.
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`Lenovo US’s request is GRANTED with respect to the Importation and Inventory
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`Stipulation and accompanying exhibits. Stipulations between the parties like this one are the kind
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`of non-controversial evidence that does not require a sponsoring witness.
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`***
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`This order has been issued with a confidential designation. Within seven days of the date
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`of this document, the parties must jointly submit a statement by email to
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`Bhattacharyya337@usitc.gov, stating whether or not each party seeks to have any portion of this
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`document redacted from the public version. Should any party seek to have any portion of this
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`2
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`PUBLIC VERSION
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`
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`PUBLIC VERSION
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`documentredacted from the public version thereof, the parties shall attach to the statement a
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`copy of a joint proposed public version of this document indicated with red brackets any portion
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`asserted to contain confidential business information pursuant to Ground Rule 1.9. To the extent
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`possible, the proposed redacting should be madeelectronically, in a PDF ofthe issued order,
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`using the “Redact Tool” within Adobe Acrobat, wherein the proposed redactions are submitted
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`as “marked”but not yet “applied.” The parties’ submission concerning the public version ofthis
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`documentshould notbe filed with the Commission Secretary.
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`SO ORDERED.
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` Monica Bhattacharyya
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`Administrative Law Judge
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`PUBLIC VERSION
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