In the Matter of
`
`CERTAIN CELLULAR BASE STATION
`COMMUNICATION EQUIPMENT,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
`
`Investigation No. 337-TA-1388
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before The Honorable MaryJoan McNamara
`Administrative Law Judge
`
`
`
`
`RESPONDENTS’ UNOPPOSED MOTION FOR LEAVE TO FILE OUT OF TIME ITS
`IDENTIFICATION OF EXPERT WITNESSES
`
`Pursuant to 19 C.F.R. § 210.15 and Ground Rule 1.9.3, Respondents Ericsson AB,
`
`Telefonaktiebolaget LM Ericsson, and Ericsson Inc. (collectively, “Respondents” or “Ericsson”)
`
`hereby submit this Motion For Leave to File Out of Time its Identification of Expert Witnesses
`
`(the “Motion”).
`
`Good cause supports this Motion. Ericsson originally timely filed its Identification of
`
`Expert Witnesses on March 20, 2024, in accordance with Ground Rule 5 (Order No. 3, at 26-27)
`
`and the Procedural Schedule (Order No. 6). At 5:23:05 EDT on March 20, 2024, Docket Services
`
`informed Ericsson that the filing was not accepted, as one of its identified expert’s, James Bertonis,
`
`Curriculum Vita inadvertently included a confidentiality designation. Ericsson has removed the
`
`confidentiality designation and conferred with Complainant and Investigative Staff of Office of
`
`Unfair Import Investigations (“Staff”), who indicated no opposition, on March 21, 2024. For the
`
`foregoing reasons, Respondents respectfully request the consideration of its Motion For Leave to
`
`File Out of Time its Identification of Expert Witnesses, attached as Exhibit A.
`
`
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`INV. NO. 337-TA-1388
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`RESPONDENTS’ MOTION TO
`FILE OUT OF TIME
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`

`

`
`
`Respondents met and conferred with Complainant and Staff prior to the filing of this
`
`Motion. The relief sought is unopposed.
`
`Date: March 21, 2024
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Adam D. Swain
`Adam D. Swain
`Alston & Bird LLP
`950 F Street, NW
`Washington, DC 20004
`Telephone: 202-239-3622
`Facsimile: 202-239-3333
`Adam.swain@alston.com
`
`John D. Haynes
`Shri Abhyankar
`David S. Frist
`Katherine Donald
`Stephen G. McNiff
`Shawn Gannon
`Sloane Kyrazis
`Alston & Bird LLP
`1201 West Peachtree Street, Suite 4900
`Atlanta, GA 30309
`Telephone: (404) 881-7000
`Facsimile: (404) 881-7777
`John.haynes@alston.com
`Shri.abhyankar@alston.com
`David.frist@alston.com
`Katie.donald@alston.com
`Steve.mcniff@alston.com
`Sloane.kyrazis@alston.com
`Shawn.gannon@alston.com
`
`Stephen Lareau
`Karlee N. Wroblewski
`Alston & Bird LLP
`Vantage South End
`1120 South Tryon Street
`Suite 300
`Charlotte, NC 28203-6818
`Telephone: 704-444-1000
`Facsimile: 704-444-1111
`
`
`INV. NO. 337-TA-1388
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`RESPONDENTS’ MOTION TO
`FILE OUT OF TIME
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`

`

`
`
`Stephen.lareau@alston.com
`Karlee.wroblewski@alston.com
`
`Theodore Stevenson
`Alston & Bird LLP
`Chase Tower
`2200 Ross Avenue
`Suite 2300
`Dallas, TX 75201
`Telephone: 214-922-3400
`Facsimile: 214-922-3899
`Ted.stevenson@alston.com
`
`Ryan Koppelman
`Alston & Bird LLP
`333 South Hope Street
`16th Floor
`Los Angeles, CA 90071
`Phone: 213-576-1000
`Fax: 213-576-1100
`Ryan.koppelman@alston.com
`
`Nicholas Mathews
`nmathews@McKoolSmith.com
`Alexander J. Chern
`achern@McKoolSmith.com
`Casey L. Shomaker
`cshomaker@McKoolSmith.com
`MCKOOL SMITH, P.C.
`300 Crescent Court Suite 1200
`Dallas, TX 75201
`Telephone: (214) 978-4000
`Telecopier: (214) 978-4044
`
`Kevin P. Hess
`khess@McKoolSmith.com
`R. Mitch Verboncoeur
`mverboncoeur@McKoolSmith.com
`Matthew Cameron
`mcameron@mckoolsmtih.com
`MCKOOL SMITH, P.C.
`303 Colorado Street Suite 2100
`Austin, TX 78701
`Telephone: (512) 692-8700
`Telecopier: (512) 692-8744
`
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`INV. NO. 337-TA-1388
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`RESPONDENTS’ MOTION TO
`FILE OUT OF TIME
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`

`

`
`
`
`Joshua J. Newcomer
`jnewcomer@McKoolSmith.com
`MCKOOL SMITH, P.C.
`600 Travis Street, Suite 7000
`Houston, TX 77002
`Telephone: (713) 485-7316
`Telecopier: (713) 485-734
`
`Christopher P. McNett
`cmcnett@McKoolSmith.com
`MCKOOL SMITH, P.C.
`1999 K Street, NW, Suite 600
`Washington, DC 20006
`Telephone: (202) 370-8300
`Telecopier: (202) 370-8344
`
`Counsel for Respondents
`Ericsson AB, Telefonaktiebolaget LM Ericsson, and
`Ericsson Inc.
`
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`INV. NO. 337-TA-1388
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`RESPONDENTS’ MOTION TO
`FILE OUT OF TIME
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`

`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before The Honorable MaryJoan McNamara
`Administrative Law Judge
`
`
`Investigation No. 337-TA-1388
`
`In the Matter of
`
`CERTAIN CELLULAR BASE STATION
`COMMUNICATION EQUIPMENT,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
`
`
`ORDER NO. __: GRANTING RESPONDENTS’ MOTION FOR LEAVE TO FILE
`OUT OF TIME ITS IDENTIFICATION OF EXPERT WITNESSES
`
`On March 21, 2024, Respondents Ericsson AB, Telefonaktiebolaget LM Ericsson, and
`
`Ericsson Inc. (collectively, “Respondents” or “Ericsson”) filed a Motion For Leave to File Out of
`
`Time its Identification of Expert Witnesses (the “Motion”). Respondents represent that neither
`
`Complainant Motorola Mobility LLC (“Complainant”) nor Commission Investigative Staff
`
`(“Staff,” and with Respondents and Complainant, the “Parties”) oppose the Motion.
`
`For good cause shown, and because there is no opposition, Respondents motion is hereby
`
`GRANTED.
`
`SO ORDERED.
`
`___________________________________
`Mary Joan McNamara
`Administrative Law Judge
`
`PROPOSED ORDER
`
`
`
`
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`1
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`INV. NO. 337-TA-1388
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`

`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`CERTAIN CELLULAR BASE STATION
`COMMUNICATION EQUIPMENT,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
`
`
`
`
`Inv. No. 337-TA-1388
`
`RESPONDENTS’ IDENTIFICATION OF EXPERT WITNESSES
`
`Pursuant to Ground Rule 5 (Order No. 3) and the Procedural Schedule issued in Order No.
`
`6, Respondents Ericsson AB, Telefonaktiebolaget LM Ericsson, and Ericsson Inc. (collectively,
`
`“Respondents” or “Ericsson”) hereby submits its identification of expert witnesses who may offer
`
`opinions and/or testimony in this Investigation. Ericsson may present the witnesses at the
`
`evidentiary hearing, either live, by deposition, by affidavit, or by witness statement. This
`
`identification of expert witnesses is based on Ericsson’s current understanding of the evidence and
`
`issues to be decided at the evidentiary hearing. Ericsson reserves the right to amend or supplement
`
`these disclosures as appropriate, including in response to new information, allegations, or
`
`contentions, and in response to Respondents’ identification of expert witnesses and opinions.
`
`1.
`
`
`
`Nicholas Laneman, PhD
`
`Dr. Nicholas Laneman has expertise in the areas set forth in his curriculum vitae, including
`
`in the field of wireless communications and networking. Dr. Laneman received his Ph.D. from the
`
`Massachusetts Institute of Technology in 2002. Dr. Laneman may offer opinions and/or testimony
`
`in this Investigation regarding the technical background of the asserted patents; the knowledge of
`
`a person of ordinary skill in the art; the interpretation and scope of the asserted claims of the
`
`asserted patents; the design, structure, function and operation of the accused products and the
`
`INV. NO. 337-TA-1388
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`1
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`IDENTIFICATION OF EXPERT WITNESSES
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`

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`domestic industry products; the non-infringement and/or non-implementation of the asserted
`
`patents by the accused products and the domestic industry products; the scope and content of the
`
`prior art; the invalidity and enforceability of the asserted patents; objective indicia regarding the
`
`invalidity of the asserted patents; other issues in connection with Motorola’s claims and
`
`Respondents’ affirmative defenses; and any other technical issues that may arise. Dr. Laneman
`
`may also be called to rebut the testimony of Motorola’s experts or fact witnesses. A copy of Dr.
`
`Laneman’s curriculum vitae summarizing his qualifications is attached as Exhibit 1.
`
`2.
`
`Christopher J. Hansen, PhD
`
`Dr. Christopher J. Hansen has expertise in the areas set forth in his curriculum vitae,
`
`including in the field of wireless communications and networking. Dr. Hansen received his Ph.D.
`
`from the University of California in 1997. Dr. Hansen may offer opinions and/or testimony in this
`
`Investigation regarding the technical background of the asserted patents; the knowledge of a person
`
`of ordinary skill in the art; the interpretation and scope of the asserted claims of the asserted
`
`patents; the design, structure, function and operation of the accused products and the domestic
`
`industry products; the non-infringement and/or non-implementation of the asserted patents by the
`
`accused products and the domestic industry products; the scope and content of the prior art; the
`
`invalidity and enforceability of the asserted patents; objective indicia regarding the invalidity of
`
`the asserted patents; other issues in connection with Motorola’s claims and Respondents’
`
`affirmative defenses; and any other technical issues that may arise. Dr. Hansen may also be called
`
`to rebut the testimony of Motorola’s experts or fact witnesses. A copy of Dr. Hansen’s curriculum
`
`vitae summarizing his qualifications is attached as Exhibit 2.
`
`INV. NO. 337-TA-1388
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`2
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`IDENTIFICATION OF EXPERT WITNESSES
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`

`

`3.
`
`Tommaso Melodia, PhD
`
`Dr. Tommaso Melodia has expertise in the areas set forth in his curriculum vitae, including
`
`in the field of wireless communications and networking. Dr. Melodia received his Ph.D. from the
`
`Georgia Institute of Technology in 2007. Dr. Melodia may offer opinions and/or testimony in this
`
`Investigation regarding the technical background of the asserted patents; the knowledge of a person
`
`of ordinary skill in the art; the interpretation and scope of the asserted claims of the asserted
`
`patents; the design, structure, function and operation of the accused products and the domestic
`
`industry products; the non-infringement and/or non-implementation of the asserted patents by the
`
`accused products and the domestic industry products; objective indicia regarding the invalidity of
`
`the asserted patents; the scope and content of the prior art; the invalidity and enforceability of the
`
`asserted patents; other issues in connection with Motorola’s claims and Respondents’ affirmative
`
`defenses; and any other technical issues that may arise. Dr. Melodia may also be called to rebut
`
`the testimony of Motorola’s experts or fact witnesses. A copy of Dr. Melodia’s curriculum vitae
`
`summarizing his qualifications is attached as Exhibit 3.
`
`4.
`
`Mark Mahon, PhD
`
`Dr. Mark Mahon has expertise in the areas set forth in his curriculum vitae, including in
`
`the field of wireless communications and networking. Dr. Mahon received his Ph.D. from
`
`Pennsylvania State University. Dr. Mahon may offer opinions and/or testimony in this
`
`Investigation regarding the technical background of the asserted patents; the knowledge of a person
`
`of ordinary skill in the art; the interpretation and scope of the asserted claims of the asserted
`
`patents; the design, structure, function and operation of the accused products and the domestic
`
`industry products; the non-infringement and/or non-implementation of the asserted patents by the
`
`accused products and the domestic industry products; the scope and content of the prior art; the
`
`INV. NO. 337-TA-1388
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`IDENTIFICATION OF EXPERT WITNESSES
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`invalidity and enforceability of the asserted patents; objective indicia regarding the invalidity of
`
`the asserted patents; other technical issues in connection with Motorola’s claims and public interest
`
`positions, such as those pertaining to Ericsson’s patent portfolio; and any other technical issues
`
`that may arise. Dr. Mahon may also be called to rebut the testimony of Motorola’s experts or fact
`
`witnesses. A copy of Dr. Mahon’s curriculum vitae summarizing his qualifications is attached as
`
`Exhibit 4.
`
`5.
`
`James Bertonis
`
`Mr. James Bertonis has expertise in the areas set forth in his curriculum vitae, including in
`
`the field of wireless communications and networking. Mr. Bertonis received his BS in Electrical
`
`Engineering from Syracuse University in 1976 and an MBA from Santa Clara University in 1986.
`
`Mr. Bertonis may offer opinions and/or testimony in this Investigation regarding the technical
`
`background of the asserted patents; the knowledge of a person of ordinary skill in the art; the
`
`interpretation and scope of the asserted claims of the asserted patents; the design, structure,
`
`function and operation of the accused products and the domestic industry products; the non-
`
`infringement and/or non-implementation of the asserted patents by the accused products and the
`
`domestic industry products; the scope and content of the prior art; the invalidity and enforceability
`
`of the asserted patents; objective indicia regarding the invalidity of the asserted patents; other
`
`issues in connection with Motorola’s claims and Respondents’ affirmative defenses; and any other
`
`technical issues that may arise. Mr. Bertonis may also be called to rebut the testimony of
`
`Motorola’s experts or fact witnesses. A copy of Mr. Bertonis’ curriculum vitae summarizing his
`
`qualifications is attached as Exhibit 5.
`
`INV. NO. 337-TA-1388
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`4
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`IDENTIFICATION OF EXPERT WITNESSES
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`

`

`6.
`
`Robert Mills, MA
`
`Mr. Mills is an expert in the field of economics, which includes applied microeconomics
`
`and the valuation of intellectual property and other assets, econometrics, the analysis of structured
`
`and unstructured data, and the calculation of economic damages. He received his M.A. in
`
`Economics from University of California, Santa Barbara; M.S. in Applied Economics from
`
`Portland State University; and B.S. in Economics and History from Portland State University. Mr.
`
`Mills is an economist and Director at Micronomics, Inc.
`
`Mr. Mills may offer opinions and/or testimony in this Investigation relating to Motorola’s
`
`claims and/or public interest contentions, including Motorola’s public interest contentions related
`
`to licensing, and the public interest implications of any remedy in this investigation. Mr. Mills may
`
`provide expert testimony regarding the measures of portfolio value and licensing rates; standard
`
`essential patents (SEP) and any associated obligations of fair, reasonable, and non-discriminatory
`
`(FRAND) licensing; Ericsson and Lenovo’s licensing negotiations; the comparable license
`
`approach to patent portfolio valuation and the comparability and unpacking of Ericsson licenses
`
`and Lenovo licenses; top-down approaches to licensing and portfolio valuation; Ericsson’s
`
`FRAND-qualifying offers to Lenovo; the royalties Lenovo owes Ericsson; Lenovo’s non-FRAND-
`
`qualifying offers to Ericsson; industry customs and practices related to ETSI IPR policy; market
`
`evidence showing the value of cellular technology; practices and policies related to holdup, reverse
`
`holdup, holdout, and unwilling licensees; Lenovo’s practices and strategies related to patent
`
`holdout; financial information relating to this Investigation; and other issues in connection with
`
`Motorola’s claims and the public interest contentions in this Investigation. Mr. Mills may also
`
`rebut the expert witness reports and testimony of Motorola’s expert(s). Mr. Mills’ curriculum vitae
`
`is attached as Exhibit 6.
`
`INV. NO. 337-TA-1388
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`5
`
`IDENTIFICATION OF EXPERT WITNESSES
`
`

`

`7.
`
`Michael P. Akemann, PhD
`
`Dr. Akemann has expertise in the areas set forth in his curriculum vitae, including applying
`
`economic, financial, and accounting principles to complex business and intellectual property
`
`disputes over a variety of engagements. Dr. Akemann received his Ph.D. from the University of
`
`California, Los Angeles. Dr. Akemann may offer opinions and/or testimony in this Investigation
`
`regarding the existence of the domestic industry, the appropriate remedy, bonding, public interest,
`
`and other issues in connection with Motorola’s claims and Respondents’ affirmative defenses. Dr.
`
`Akemann may also testify as to objective indicia related to the invalidity of the Asserted Patents
`
`and in rebuttal to address Motorola’s expert testimony and other issues raised by Motorola. A copy
`
`of Dr. Akemann’s curriculum vitae summarizing his qualifications is attached as Exhibit 7.
`
`8. W. Todd Schoettelkotte, CPA, CVA
`
`Mr. Schoettelkotte has expertise in the areas set forth in his curriculum vitae, including
`
`accounting, valuation of intellectual property, and the application of financial and economic
`
`principles to intellectual property disputes. Mr. Schoettelkotte received his Master of Accounting
`
`from Rice University, and has decades of experience counseling clients in, inter alia, the
`
`semiconductor, telecommunications, and consumer products industries. Mr. Schoettelkotte may
`
`offer opinions and/or testimony in this Investigation regarding the existence of a domestic industry,
`
`the appropriate remedy, bonding, public interest, and other issues in connection with Motorola’s
`
`claims and Respondents’ affirmative defenses. Mr. Schoettelkotte may also testify as to objective
`
`indicia related to invalidity of the Asserted Patents and may also testify in rebuttal to address
`
`Motorola’s expert testimony and other issues raised by Motorola. A copy of Mr. Schoettelkotte’s
`
`curriculum vitae summarizing his qualifications is attached as Exhibit 8.
`
`INV. NO. 337-TA-1388
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`6
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`IDENTIFICATION OF EXPERT WITNESSES
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`

`

`9.
`
`
`
`Bijan Dastmalchi, BSc
`
`Bijan Dastmalchi has expertise in the areas set forth in his curriculum vitae, including in
`
`electronics supply chain and contract manufacturing, offshore sourcing and procurement, capacity
`
`planning in contract manufacturing, and OEM/ODM issues, and related industrial issues. Mr.
`
`Dastmalchi received his B.S. in Mechanical Engineering from the University of California,
`
`Berkeley, and has decades of experience in procurement, supply chain, and contract issues related
`
`to the industry. Mr. Dastmalchi may offer opinions and/or testimony in this Investigation regarding
`
`public interest and remedy, as well as manufacturing capacity, supply, and distribution of base
`
`stations; reallocation of manufacturing capacity and reallocation of distribution of those products;
`
`opportunity for domestic manufacturing of those products; logistics for initiating manufacturing
`
`of those products at existing and potential contract manufacturers; remedy, bonding, public
`
`interest, and other issues in connection with Motorola’s claims and Respondents’ affirmative
`
`defenses in this Investigation. Mr. Dastmalchi may also testify as to objective indicia related to the
`
`Asserted Patents and may also testify in rebuttal to address Motorola’s expert testimony and other
`
`issues raised by Motorola. A copy of Mr. Dastmalchi’s curriculum vitae summarizing his
`
`qualifications is attached as Exhibit 9.
`
`10.
`
`Nigel Jones, BSc
`
`Nigel Jones has expertise in the areas set forth in his curriculum vitae, including over thirty
`
`years in the software, hardware, and firmware design of embedded systems. Mr. Jones received
`
`his B.Sc. in electrical and mechanical engineering from Brunel University London in 1983. Mr.
`
`Jones may offer opinions and/or testimony in this Investigation relating to the asserted patents; the
`
`knowledge of a person of ordinary skill in the art; the interpretation and scope of the asserted
`
`claims of the asserted patents; the design, structure, function and operation of the accused products
`
`INV. NO. 337-TA-1388
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`7
`
`IDENTIFICATION OF EXPERT WITNESSES
`
`

`

`and the domestic industry products; the non-infringement and/or non-implementation of the
`
`asserted patents by the accused products and the domestic industry products; the scope and content
`
`of the prior art; the invalidity and enforceability of the asserted patents; other issues in connection
`
`with Motorola’s claims and Respondents’ affirmative defenses; and any other technical issues that
`
`may arise. Mr. Jones may also testify as to objective indicia related to the invalidity of the Asserted
`
`Patents and may also testify in rebuttal to address Motorola’s expert testimony and other issues
`
`raised by Motorola. A copy of Mr. Jones’ curriculum vitae summarizing his qualifications is
`
`attached as Exhibit 10.
`
`11.
`
`Tom Brooks, BSc
`
`Tom Brooks has expertise in the areas set forth in his curriculum vitae, including over
`
`twenty years in engineering and the software, hardware, and firmware design of embedded
`
`systems. Mr. Brooks received his B.Sc. in computer engineering from Virginia Tech in 1998. Mr.
`
`Brooks may offer opinions and/or testimony in this Investigation relating to the asserted patents;
`
`the knowledge of a person of ordinary skill in the art; the interpretation and scope of the asserted
`
`claims of the asserted patents; the design, structure, function and operation of the accused products
`
`and the domestic industry products; the non-infringement and/or non-implementation of the
`
`asserted patents by the accused products and the domestic industry products; the scope and content
`
`of the prior art; the invalidity and enforceability of the asserted patents; other issues in connection
`
`with Motorola’s claims and Respondents’ affirmative defenses; and any other technical issues that
`
`may arise. Mr. Brooks may also testify as to objective indicia related to the invalidity of the
`
`Asserted Patents and may also testify in rebuttal to address Motorola’s expert testimony and other
`
`issues raised by Motorola. A copy of Mr. Brooks’ curriculum vitae summarizing his qualifications
`
`is attached as Exhibit 11.
`
`INV. NO. 337-TA-1388
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`8
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`IDENTIFICATION OF EXPERT WITNESSES
`
`

`

`12.
`
`Franco Lodato, PhD
`
`Dr. Franco Lodato received a B.S. in Industrial Design in 1984 from the Institute of
`
`Technology AJC in Caracas, Venezuela, and received an honorary Ph.D. in Design Methods and
`
`Principles in 2016 from the University Nueva Esparta in Caracas. Dr. Lodato is an expert in the
`
`interplay between design and technology and has developed innovative products for the world’s
`
`leading telecommunications and consumer product companies. From 2001-2005, Dr. Lodato was
`
`the Chief Designer/Director at Motorola, during which time he led the development of multiple
`
`telecommunications products. Dr. Lodato was also the head of Product Innovation at Motorola
`
`Mobility from 2010 to 2013. Dr. Lodato’s expertise includes the design, development, and
`
`architecture of mobile devices. Dr. Lodato may testify regarding Motorola’s products and product
`
`development, and other issues in connection with Motorola’s contentions, including the public
`
`interest implications of any remedy in this investigation; and any other technical issues that may
`
`arise. A copy of Dr. Lodato’s curriculum vitae summarizing his qualifications is attached as
`
`Exhibit 12.
`
`13.
`
`David Cooper, PhD
`
`Dr. David Cooper has expertise in the areas set forth in his curriculum vita, including over
`
`twenty years in engineering and cellular standardization. Dr. Cooper received a degree in
`
`mathematics from Imperial College, University of London and his PhD from the department of
`
`Electronics Engineering in Surrey University. Dr. Cooper may offer opinions and/or testimony in
`
`this Investigation relating to the share of declared patents as being essential to the 4G and/or 5G
`
`standards and the reliability or unreliability of different methodologies for estimating the number
`
`of essential patents. Dr. Cooper may also be called to rebut the testimony of Motorola’s experts or
`
`INV. NO. 337-TA-1388
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`IDENTIFICATION OF EXPERT WITNESSES
`
`

`

`fact witnesses. A copy of Dr. Cooper’s curriculum vitae summarizing his qualifications is attached
`
`as Exhibit 13.
`
`14.
`
`Ruud Peters, MSc
`
`Dr. Ruud Peter has expertise in the areas set forth in his curriculum vitae, including over
`
`thirty years’ experience of technology standards and standard essential patent licensing. Dr. Peters
`
`received a Master’s Degree in Physics from Technical University Delft, Netherlands. Dr. Peters
`
`may provide expert testimony regarding the nature of the commitment to license standard essential
`
`patents on fair, reasonable, and non-discriminatory (FRAND) terms under the ETSI IPR policy;
`
`the negotiations between patent holders and implementers negotiating a license to standard
`
`essential patents (SEPs), including tactics used by implementers that are “unwilling licensees”
`
`such as “holdout”; the declaration of patents to ETSI and issues of over-declaration, Lenovo’s
`
`strategies and tactics of holdout; policies, developments, and legal doctrines regarding the
`
`availability of injunctive relief to SEP patent owners; policies regarding enforcement of
`
`intellectual property issues; advancement of intellectual property rights in foreign countries; policy
`
`concerns regarding smartphone and tablet computer markets; the public interest issues in this
`
`Investigation; and other issues in connection with Motorola’s claims and public interest positions
`
`in this Investigation. Dr. Peters may also be called to rebut the testimony of Motorola’s experts or
`
`fact witnesses. A copy of Dr. Peters’s curriculum vitae summarizing his qualifications is attached
`
`as Exhibit 14.
`
`15. Genevieve Helleringer, JD, MSc
`
`Ms. Helleringer is an expert in the field of French law and contracts. Ms. Helleringer has a
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`JD from Columbia University, a MSc in Legal Research Contract and Property Law from
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`University Paris I Pantheon-Sorbonne, a MSc in Legal Sociology from University Paris II
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`Pantheon-Assas, and a Doctorate in Private Law from University Paris I Pantheon-Sorbonne. She
`
`is currently a professor of law at the ESSEC Business School – Grand Ecole, Paris.
`
`Ms. Helleringer may offer opinions and/or testimony relating to French contract law and
`
`the proper interpretation of the ETSI FRAND commitment as part of the ETSI IPR Policy, which
`
`is governed by French law and may also testify regarding the public interest issues in this
`
`Investigation; and other issues in connection with Motorola’s claims and public interest
`
`contentions in this Investigation. Ms. Helleringer may also testify in rebuttal to address Motorola’s
`
`expert testimony, fact witnesses, and other issues raised by Motorola.
`
`A copy of Ms. Helleringer’s curriculum vitae summarizing her qualifications is attached
`
`as Exhibit 15.
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`16.
`
`Jean-Sébastien Borghetti, PhD
`
`Jean-Sébastien Borghetti has expertise in the areas set forth in his curriculum vitae,
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`including over 20 years as a French lawyer. Dr. Borghetti has a Master in Management from HEC
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`Paris and graduated from the Jean Monnet Faculty of Law (Paris 11 University) in legal studies
`
`and earned an LLM in Private Law and Ph.D. from université Paris 1 Panthéon-Sorbonne. Dr.
`
`Borghetti may offer opinions and/or testimony relating to French contract law and the proper
`
`interpretation of the ETSI FRAND commitment as part of the ETSI IPR Policy, which is governed
`
`by French law and may also testify regarding the public interest issues in this Investigation; and
`
`other issues in connection with Motorola’s claims and public interest positions in this
`
`Investigation. Dr. Borghetti may also be called to rebut the testimony of Motorola’s experts or fact
`
`witnesses. A copy of Dr. Borghetti’s curriculum vitae summarizing his qualifications is attached
`
`as Exhibit 16.
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`17.
`
`Rebbecca Reed Arthurs, PhD
`
`Dr. Reed-Arthurs is an expert in the fields of valuation of intellectual property, the
`
`calculation of patent infringement damages, and the study of consumer demand with an emphasis
`
`in the areas of telecommunications and consumer electronics, including the use, design, and
`
`implementation of consumer surveys. She received her M.A. and Ph.D. degrees in Economics from
`
`the University of California at Davis. She is an economist and a Director at Berkeley Research
`
`Group, LLC. Dr. Reed-Arthurs may provide expert testimony regarding about consumer surveys,
`
`survey design and implementation, and consumer willingness to pay for 5G cellular
`
`communications technology that has been incorporated in 5G-capable smartphones relative to
`
`including only 4G/LTE cellular capability, the value to Lenovo of including 5G cellular capability
`
`in its smartphones relative to offering phones that only include 4G capability, along with other
`
`issues in connection with Motorola’s claims and public interest contentions in this Investigation.
`
`Dr. Reed-Arthurs may also be called to rebut the testimony of Motorola’s experts or fact witnesses.
`
`A copy of Dr. Reed Arthurs’s curriculum vitae summarizing her qualifications is attached
`
`as Exhibit 17.
`
`18. Matt Noble, LLB, MSc
`
`Matt Noble is the head of Patent Intelligence and partner at Bird & Bird LLP and founder
`
`of twoBirds Pattern, Bird & Bird’s patent intelligence consultancy. Mr. Noble has a MSci in
`
`neuroscience and a BA in biochemistry from the University of Cambridge and a LLB from the
`
`University of Law.
`
`Mr. Noble may provide expert testimony regarding the number of patents owned by
`
`different companies declared to ETSI, to different cellular standards, and the proper method of
`
`preparing a census of declared patents. Mr. Noble may also be called to rebut the testimony of
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`Motorola’s experts or fact witnesses. A copy of Mr. Noble’s curriculum vitae summarizing his
`
`qualifications is attached as Exhibit 18.
`
`19.
`
`Jeffrey Stec, PhD
`
`Dr. Stec is an expert in the field of economics, including application of economic, financial,
`
`statistical, and survey research. He received his Ph.D. and master’s degrees in economics from the
`
`Ohio State University.
`
`Dr. Stec may provide expert testimony regarding economic valuation of patents, including
`
`statistical and mathematical issues, such as the statistical sampling and the determination of the
`
`estimated proportion of Ericsson owned essential patent families among all essential patent
`
`families for 4G (LTE) or 5G user equipment (UE) as of various dates and the corresponding trends,
`
`along with other issues in connection with Motorola’s claims and public interest contentions in
`
`this Investigation.
`
`Dr. Stec may also be called to rebut the testimony of Motorola’s experts or fact witnesses.
`
`A copy of Dr. Stec’s curriculum vitae summarizing his qualifications is attached as Exhibit 19.
`
`20.
`
`Laurence Rabinowitz, LLB
`
`Mr. Rabinowitz is an expert on English law. Mr. Rabinowitz received an LLB from the
`
`University of Witwatersrand and practiced law in the United Kingdom for over the past thirty
`
`years. Mr. Rabinowitz may provide expert testimony regarding the interpretation of contracts
`
`under English law. Mr. Rabinowitz may also be called to rebut the testimony of Motorola’s experts
`
`or fact witnesses. A copy of Mr. Rabinowitz’s curriculum vitae summarizing his qualifications is
`
`attached as Exhibit 20.
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`21.
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`Stephen D. Prowse, Ph.D., CFA
`
`Dr. Prowse is an expert in the areas set forth in his curriculum vitae, including the field of
`
`economics, statistics, and financial policy. Dr. Prowse may be called on to testify regarding
`
`domestic industry, public interest, remedy, and bond. Dr. Prowse may testify in rebuttal to address
`
`Complainants’ expert reports and any fact and expert testimony regarding the same. A copy of
`
`Dr. Prowse’s curriculum vitae is attached here to as Exhibit 21.
`
`22.
`
`Ryan Herrington
`
`Mr. Herrington is an expert in the areas set forth in his curriculum vitae, including the field
`
`of economics, statistics, and financial policy. Mr. Herrington may be called on to testify regarding
`
`domestic industry, public interest, remedy, and bond. Dr. Prowse may testify in rebuttal to address
`
`Complainants’ expert reports and any fact and expert testimony regarding the same. A copy of
`
`Mr. Herrington’s curriculum vitae is attached here to as Exhibit 22.
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`
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`
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`Dated: March 21, 2024
`
`Respectfully submitted,
`
`/s/ Joshua J. Newcomer
`Adam D. Swain
`Alston & Bird LLP
`950 F Street, NW
`Washington, DC 20004
`Telephone: 202-239-3622
`Facsimile: 202-239-3333
`adam.swain@alston.com
`
`John D. Haynes
`Shri Abhyankar
`David S. Frist
`Katheri