`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Doris Johnson Hines
`Administrative Law Judge
`
`
`Investigation No. 337-TA-1393
`
`
`In the Matter of
`
`CERTAIN VEHICLE TELEMATICS,
`FLEET MANAGEMENT, AND VIDEO-
`BASED SAFETY SYSTEMS, DEVICES,
`AND COMPONENTS THEREOF
`
`
`
`COMPLAINANTS’ PRE-HEARING STATEMENT
`
`Pursuant to Ground Rule 11.1 and Order No. 2, Complainant Samsara Inc. (“Samsara”)
`
`hereby submits this Pre-Hearing Statement.
`
`I.
`
`WITNESSES
`
`Samsara intends to call the following witnesses in its case:
`
`1.
`
`Live Witnesses
`
`Fact or Expert
`Witness
`Expert Witness
`
`Witness Name & Address
`
`Jonathan Krein
`(Ex. 2 – Krein CV)
`
`2155 E. Blue Sky Dr.
`Eagle Mountain, UT 84005
`
`
`1
`
`Expected Testimony
`
`Dr. Krein is an expert in,
`among other things, software
`development, software
`management, academic and
`industrial empirical research,
`computer science and
`software engineering
`education, and executive-level
`business leadership and
`management.
`
`Dr. Krein will testify and
`provide opinions concerning
`the architecture, function, and
`operation of the source code
`for Samsara’s Domestic
`Industry Products, including
`the functionalities for the
`
`
`
`Witness Name & Address
`
`
`
`Fact or Expert
`Witness
`
`Expert Witness
`
`Christopher W. Bakewell
`(Ex. 3 – Bakewell CV)
`
`1111 Bagby
`Suite 1900
`Houston, TX 77002
`
`Expert Witness
`
`Steven Goldberg
`(Ex. 4 – Goldberg CV)
`
`18480 Chelmsford Dr.
`Cupertino, CA 95014
`
`2
`
`Expected Testimony
`
`Following Distance, Rolling
`Stop, Distracted Driving, and
`Safety Score features, along
`with related functions and
`features, such as the storage
`and transmission of data,
`among other things.
`
`Dr. Krein will also testify and
`provide opinions concerning
`the validity of the ’621 Patent.
`
`Mr. Bakewell is an expert in,
`among other things, the
`application of financial and
`economic principles to issues
`arising in complex business
`litigation involving
`intellectual property and
`international trade. He is
`expected to testify regarding
`the economics of Samsara’s
`domestic industry and the
`existence of a significant
`domestic industry, the
`appropriate remedy and bond,
`the commercial success of
`Samsara’s DI products, and
`the public interest.
`Dr. Goldberg is an expert in,
`among other things, computer
`and signal processing
`algorithms; telematics; and
`data networks.
`
`Dr. Goldberg will testify and
`provide opinions about: (1)
`infringement of the accused
`Motive products and systems
`(including Motive’s alleged
`redesigns); (2) how Samsara’s
`Domestic Industry products
`practice at least one claims of
`each Asserted Patent; and (3)
`the validity of the ’130 and
`
`
`
`Expected Testimony
`
`’373 Patents and secondary
`considerations of non-
`obviousness relating to all
`three patents.
`
`Dr. Nielson is a subject matter
`expert in, among other things,
`cybersecurity, computer
`networks, and software
`engineering.
`
`Dr. Nielson will testify and
`provide opinions regarding
`the architecture, function, and
`operation of the source code
`for Motive’s accused systems
`and products and alleged
`redesigns.
`Mr. McQueen is the Vice
`President of Finance &
`Strategy at Samsara.
`
`He is expected to testify
`generally as to Samsara’s
`business operations in the
`United States, including, but
`not limited to its business
`operations relating to the
`Domestic Industry Products,
`investments pertaining to its
`domestic industry, including
`its facilities and domestic
`operations in the United
`States.
`Sanjit Biswas is Chief
`Executive Officer and Co-
`Founder at Samsara.
`
`He is expected to testify
`generally as to Samsara’s
`history and business,
`including its overall
`technology, products,
`customers, market, and
`
`Witness Name & Address
`
`
`
`Fact or Expert
`Witness
`
`Expert Witness
`
`Seth Nielson
`(Ex. 5 – Nielson CV)
`
`2028 E. Ben White Blvd.
`Suite 240-7384
`Austin, TX 78741
`
`Fact Witness
`
`Fact Witness
`
`3
`
`John McQueen
`
` 1
`
` De Haro Street
`San Francisco, CA 94107
`
`
`Sanjit Biswas
`
` 1
`
` De Haro Street
`San Francisco, CA 94107
`
`
`
`
`
`Expected Testimony
`
`competitive relationship to
`Motive.
`Mr. Bicket is the Chief
`Technical Officer and Co-
`Founder at Samsara.
`
`He is expected to testify about
`Samsara’s history and
`Samsara’s Domestic Industry
`Products, including the
`development and operation of
`Samsara’s Domestic Industry
`Products.
`Ms. Finch is a Lead Product
`Manager at Samsara.
`
`Ms. Finch is expected to
`testify regarding the operation
`of the Samsara’s Domestic
`Industry Products, the user
`experience of Samsara’s
`products, and competitive
`activities between Samsara
`and Motive.
`Mr. Calderon is Chief
`Technical Officer of
`Hardware and Operations at
`Samsara.
`
`If called as a witness, as
`Motive has indicated it
`intends to do, he is expected
`to testify generally regarding
`hardware used in Samsara’s
`Domestic Industry Products,
`including the development
`and operation of Samsara’s
`Domestic Industry Products.
`He is also expected to testify
`regarding competitive
`activities between Samsara
`and Motive.
`Mr. Makani is the Chief
`Executive Officer at Motive.
`
`
`
`Fact or Expert
`Witness
`
`Fact Witness
`
`Fact Witness
`
`Fact Witness
`
`Witness Name & Address
`
`John Bicket
`
` 1
`
` De Haro Street
`San Francisco, CA 94107
`
`
`Margaret Finch
`
` 1
`
` De Haro Street
`San Francisco, CA 94107
`
`
`Benjamin Calderon
`
` 1
`
` De Haro Street
`San Francisco, CA 94107
`
`
`Shoaib Makani
`
`
`Fact Witness (adverse)
`
`4
`
`
`
`
`
`Fact or Expert
`Witness
`
`Witness Name & Address
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`
`Fact Witness (adverse)
`
`Abhishek Gupta
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`
`
`
`2.
`
`Deposition Designations
`
`Expected Testimony
`
`
`He is expected to testify on
`issues regarding the operation
`and functionality of the
`Accused Products and
`Motive’s copying of
`Samsara’s Domestic Industry
`Products. He is also expected
`to testify about Motive’s
`efforts to learn about
`Samsara’s Domestic Industry
`products, including Motive’s
`repeated accessing of
`Samsara’s system. He may
`also testify insofar as the
`above issues bear on the
`public interest.
`Mr. Gupta is a Group Product
`Manager at Motive.
`
`Mr. Gupta is expected to
`testify on issues regarding
`Motive’s copying of
`Samsara’s Domestic Industry
`Products. He is also expected
`to testify about Motive’s
`copying of Samsara’s
`Domestic Industry Products,
`including Motive’s efforts to
`learn about the functionality
`of Samsara’s products by
`repeatedly accessing
`Samsara’s system using fake
`or misleading company
`names. He may also testify
`insofar as the above issues
`bear on the public interest.
`
`Samsara also expects to present testimony of the following witnesses via deposition
`
`designations:
`
`5
`
`
`
`Witness Name & Address
`
`Fact or Expert
`
`Expected Testimony
`
`
`
`Chandra Rathina
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Fact Witness
`
`Venkatesh Periyasamy
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Bhupinder Singh
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Shravan Sunkada
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Siva Gurumurthy
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Fact Witness
`
`Fact Witness
`
`Mohammad Khan
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`6
`
`Chandra Rathina is
`expected to testify regarding
`the development and
`operation of Motive’s
`accused Safety Score
`System.
`
`Venkatesh Periyasamy is
`expected to testify regarding
`the development and
`operation of Motive’s
`accused Safety Score
`System.
`Bhupinder Singh is
`expected to testify regarding
`the development and
`operation of Motive’s
`accused Fuel Score System.
`Shravan Sunkada is
`expected to testify regarding
`the operation of alleged
`prior art products “Pre-
`DRIVE Safety Score” and
`“DRIVE Score v1.”
`Mr. Gurumurthy is Chief
`Technical Officer at Motive.
`
`He is expected to testify
`regarding Motive’s copying
`of Samsara’s Domestic
`Industry products. He is
`also expected to testify
`about Motive’s efforts to
`copy Samsara’s Domestic
`Industry Products, including
`Motive’s access to
`Samsara’s system using
`fake company names.
`Mr. Khan is an Engineering
`Manager at Motive.
`
`Mr. Khan is expected to
`testify regarding the
`development and operation
`
`
`
`Witness Name & Address
`
`Fact or Expert
`
`Expected Testimony
`
`
`
`of the Motive Accused
`Products, including
`Motive’s Fleet Dashboard.
`Mr. Khan is also expected
`to testify regarding the
`alleged redesign products.
`Mr. Miller is Director of
`Vehicle Telematics at
`Motive.
`
`He is expected to testify
`regarding the development
`and operation of the Motive
`Accused Products,
`including the Motive
`Vehicle Gateway.
`Mr. Syed is Vice President
`of Software Engineering at
`Motive.
`
`He is expected to testify
`regarding the development
`and operation of the Motive
`Accused Products,
`including the Motive Cloud
`Platform, as well as copying
`by Motive.
`Mr. Gorski is Engineering
`Manager at Motive.
`
`He is expected to testify
`regarding the development
`and operation of the Motive
`Accused Products,
`including the Motive AI
`Dashcams, as well as
`Motive’s alleged redesigns.
`Mr. Camden, Senior
`Research Associate at the
`Virginia Tech
`Transportation Institute and
`Principal Investigator of the
`VTTI Study, will testify
`generally as to the VTTI
`
`Patrick Miller
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Ali Syed
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`James Gorski
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Matthew Camden
`
`Fact Witness
`
`3500 Transportation Research
`Plaza
`Blacksburg, VA 24061
`
`7
`
`
`
`Witness Name & Address
`
`Fact or Expert
`
`Expected Testimony
`
`
`
`Jairam Ranganathan
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Michael Chaddick
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Jason Pesek
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`Mary Shepherd
`
`Fact Witness
`
`55 Hawthorne Street
`San Francisco, CA 94105
`
`8
`
`Study and VTTI’s
`relationship with Motive.
`
`Mr. Ranganathan is Chief
`Product Officer at Motive.
`
`He is expected to testify
`regarding the operation and
`functionality of the Accused
`Products and Motive’s
`copying of Samsara’s
`Domestic Industry Products.
`He is also expected to
`testify about Motive’s
`efforts to copy Samsara’s
`Domestic Industry Products,
`including Motive’s access
`to Samsara’s system using
`fake company names.
`Mr. Chaddick is the
`Director of Global Sourcing
`at Motive. He is expected
`to testify regarding
`Motive’s supply chain and
`service and repair of the
`Accused Products.
`
`Mr. Pesek, formerly the
`Head of Product
`Compliance, Mobile Apps,
`and New Product at Motive,
`will testify generally about
`Motive’s access, use,
`analysis, copying, and
`testing of Samsara’s
`Domestic Industry Products.
`
`Ms. Shepherd is currently a
`Group Product Manager for
`International Markets at
`Motive. From 2020 to May
`2024, Ms. Shepherd worked
`as the Staff Product
`Manager for Safety
`Products at Motive. Ms.
`
`
`
`Witness Name & Address
`
`Fact or Expert
`
`Expected Testimony
`
`
`
`Shepherd is expected to
`testify as to Motive’s
`competitors, copying, and
`understanding of the impact
`of excluding Motive’s
`products from the market.
`
`
`
`II.
`
`EXHIBITS
`
`Samsara’s exhibit list is attached as Exhibit 1.
`
`III.
`
`STIPULATIONS TO WHICH THE PARTIES HAVE AGREED
`
`The parties have agreed to the following stipulations:
`
` June 20, 2024 Procedural Stipulation Between the Private Parties (EDIS Doc ID #
`824089)
`
` August 5, 2024 Joint Stipulation Regarding Importation and Inventory (EDIS Doc ID
`# 828459)
`
` October 9, 2024 Stipulation Regarding Exchange of Demonstratives for Evidentiary
`Hearing and Other Stipulations (EDIS Doc ID # 834463)
`
`Pursuant to Ground Rule 12.3.2, it is expected that all stipulations other than discovery and
`
`procedural stipulations will ultimately be submitted as joint exhibits.
`
`IV.
`
`PROPOSED AGENDA FOR PRE-HEARING CONFERENCE
`
`Samsara proposes that the ALJ allow argument on any unresolved motions in limine or
`
`summary determination motions at the Pre-Hearing Conference. Samsara proposes that the parties
`
`then address division of hearing time, timekeeping, and process for seeking timely admission of
`
`exhibits into the evidentiary record.
`
`V.
`
`ESTIMATED DATE AND LENGTH OF APPEARANCE FOR EACH WITNESS
`
`Pursuant to Ground Rule 11.1, the parties conferred on the order of witnesses and estimated
`
`time for their examination, and arrived at the tentative schedule attached as Exhibit 6.
`
`9
`
`
`
`
`
`Samsara submits its estimated date and length for each witness based on the best
`
`information currently available to Samsara. Samsara intends to continue to evaluate its proposed
`
`presentation of evidence at the hearing, and may revise its proposed witness list and estimated
`
`times accordingly. Samsara also expects to revise its proposed witnesses and/or estimated times
`
`in response to any action by Respondent that impacts the scope of this Investigation or
`
`Respondent’s own proposed witness list and/or estimated times. Samsara also submits its
`
`estimated dated and length for each witness without waiver to object to Respondent’s offer of
`
`testimony of certain witnesses.
`
`VI.
`
`SETTLEMENT
`
`Pursuant to Ground Rule 10, Samsara certifies that it has undertaken good faith efforts to
`
`settle the issues in this Investigation, including by participating in mediation which took place on
`
`September 19, 2024.
`
`
`
`
`
`
`10
`
`
`
`
`DATED: October 18, 2024
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
` /s/ Ellisen S. Turner
`Ellisen S. Turner, P.C.
`Ali-Reza Boloori
`KIRKLAND & ELLIS LLP
`2049 Century Park East
`Los Angeles, CA 90067
`Telephone: (310) 552-4200
`Facsimile: (310) 552-5900
`
`Leslie Diaz
`KIRKLAND & ELLIS LLP
`555 South Flower Street, Suite 3700
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
`Facsimile: (213) 680-8500
`
`Joseph A. Loy, P.C.
`Joshua L. Simmons
`Matt Hershkowitz
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`Telephone: (212) 446-4800
`Facsimile: (212) 446-4900
`
`Jeanne M. Heffernan, P.C.
`Beth Knuppel
`Connor M. Donaldson
`KIRKLAND & ELLIS LLP
`401 Congress Avenue
`Austin, TX 78701
`Telephone: (512) 678-9100
`Facsimile: (512) 678-9101
`
`Paul F. Brinkman, P.C.
`Karthik Ravishankar
`Matthew J. McIntee
`Alexandra Obiol
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Avenue NW
`Washington, DC 20004
`Telephone: (202) 389-5000
`
`
`11
`
`
`
`
`
`Tasha Francis Gerasimow, Ph.D.
`KIRKLAND & ELLIS LLP
`333 West Wolf Point Plaza
`Chicago, IL 60654
`Telephone: (312) 862-2000
`
`Tiffany M. Knapp
`KIRKLAND & ELLIS LLP
`200 Clarendon Street
`Boston, MA 02116
`Telephone: (617) 385-7500
`
`Counsel for Complainant
`Samsara Inc.
`
`12
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document has been filed and
`
`served on October 21, 2024, on the following:
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 112-A
`Washington, D.C. 20436
`
` Via First Class Mail
` Via Hand Delivery
` Via FedEx
` Via Electronic Mail
` Via Electronic Filing (EDIS)
`
` Via First Class Mail
` Via Hand Delivery
` Via FedEx
` Via Electronic Mail
` Via Electronic Filing (EDIS)
`
` Via First Class Mail
` Via Hand Delivery
` Via FedEx
` Via Electronic Mail
` Via Electronic Filing (EDIS)
`
` Via First Class Mail
` Via Hand Delivery
` Via FedEx
` Via Electronic Mail
` Via Electronic Filing (EDIS)
`
`The Honorable Doris Johnson Hines
`Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W.
`Washington, D.C. 20436
`JohnsonHines1393@usitc.gov
`Megan Wantland
`Investigative Attorney
`Office of Unfair Import Investigations
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W.
`Washington, D.C. 20436
`megan.wantland@usitc.gov
`Aamir A. Kazi
`FISH & RICHARDSON P.C.
`1180 Peachtree St. NE, 21st Floor
`Atlanta, GA 30309
`kazi@fr.com
`
`ServiceMotive-SamaraITC1393@fr.com
`
`COUNSEL FOR MOTIVE TECHNOLOGIES, INC.
`
`
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`
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`
`/s/ Vicki Merideth
`Vicki Merideth
`
`
`
`
`
`
`
`
`
`
`
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