UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`In the Matter of
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`CERTAIN BICYCLE TRAINERS AND
`COMPONENTS THEREOF
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` Inv. No. 337-TA-1475
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`ORDER NO. 2: NOTICE OF GROUND RULES; ORDER SETTING DATE FOR
`SUBMISSION OF JOINT DISCOVERY STATEMENT
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`(January 7, 2026)
`GROUND RULES
`The conduct of this Investigation shall be governed by the Commission Rules and the
`Ground Rules attached hereto.
`DISCOVERY STATEMENTS
`In order that the proceeding in this matter may begin expeditiously, the parties are
`directed to file a joint discovery statemen t, on or before January 22, 2026, addressing the
`questions and answers set forth in the Attachment A.
`TARGET DATE
`The parties are advised that an order will issue setting the target date after I have
`considered the positions of the parties as set forth in their respective discovery statements.
`SO ORDERED.
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` __________________________
` Cameron Elliot
` Administrative Law Judge
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`GROUND RULES FOR SECTION 337 INVESTIGATIONS
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`(Last Revised: December 18, 2025)
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`These Ground Rules supplement the Commission ’s Rules of Practice and Procedure, 19
`C.F.R. Parts 201 and 210 (“Commission Rules”), in order to aid the Administrative Law Judge in
`the orderly conduct of the section 337 investigation pursuant to the Administrative Procedure Act,
`5 U.S.C. § 556(c).
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`These Ground Rules govern a U.S. patent -based investigation pursuant to 19 U.S.C.
`§ 1337(a)(1)(B). In the case of an investigation based upon a registered copyright, registered
`trademark, or a trade secret pursuant to 19 U.S.C. § 1337(a)(1)(B), (C) or (D), additional Ground
`Rules may govern. In addition, in a case involving a motion for temporary relief pursuant to 19
`U.S.C. § 1337(e), additional Ground Rules may also govern.
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`In case of any conflict between these Ground Rules and any subsequent order issued by
`the Administrative Law Judge or the Commission in this Investigation, the subsequent order shall
`control.
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` JUDGE ELLIOT’S GROUND RULES
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`1. Address; Requirements for Filing, Service, and Copies; Time
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`1.1 Address of the Administrative Law Judge.
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`The Administrative Law Judge’s address is as follows:
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`ALJ Cameron Elliot
`U.S. International Trade Commission
`500 E Street, S.W., Room 317
`Washington, D.C. 20436
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`1.2 Filing Requirement.
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`All submissions shall be filed with the Office of the Secretary of the Commission in
`accordance with Commission Rule 210.4(f) , unless otherwise specifically provided for in these
`Ground Rules or by order of the Administrative Law Judge.
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`1.3 Service Copy Requirements.
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`In accordance with the requirements of Commission Rules 210.4(f)(2) and (g), copies of
`each submission shall be served on all other parties, including the Commission Investigative Staff.
`On the same day that the submission is filed, an electronic copy in PDF format shall be sent to the
`Administrative Law Judge ’s attorney -advisor, Michael Turner , at m ichael.turner@usitc.gov.
`Electronic copies of confidential documents must be encrypted and the password sent in a separate
`email.
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`1.4 Concurrent Service.
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`Service on opposing counsel may be by hand, by e -mail, or by overnight courier. Parties
`are encouraged to agree upon a method of service so that the parties will receive all submissions
`at the same time the submissions are received by the Commission.
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`1.5 Computation of Time.
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`The first day of the ten (10) calendar days for responding to a motion received by the
`Administrative Law Judge shall be the first business day following the date that said motion was
`filed in the Office of the Secretary, and shall apply whether a motion i s hand delivered, emailed,
`or served by overnight courier on the other parties. In addition to the requirements of Commission
`Rules 201.14, 201.16(d), and 210.6 for computation of time, if the last day of the period of time
`for making a submission falls on a day on which weather or other circumstances have made the
`Office of the Secretary of the Commission inaccessible, the period shall run until the end of the
`next business day which is not one of the aforementioned days.
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`1.6 Confidential Submissions.
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`The confidential nature of any filing with the Office of the Secretary of the Commission or
`of any submission to the Administrative Law Judge shall be conspicuously noted on the top page
`of any filing or other submission. The parties should ensure that any confidential submission
`complies with Commission Rule 201.8.
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`If the Administrative Law Judge issues a confidential order or initial determination, the
`parties must jointly submit within seven (7) days of the order: (1) a proposed public version of
`this order with any proposed redactions indicated in red; and (2) a written justification for any
`proposed redactions specifically explaining why the piece of information sought to be redacted is
`confidential and why disclosure of the information would be likely to cause substantial harm or
`likely to have the effect of impairing the Commission’s ability to obtain such information as is
`necessary to perform its statutory functions pursuant to Commission Rules 210.5 and 201.6(a).
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`To the extent possible, the proposed redactions should be made electronically, in a pdf of
`the issued order, using the “Redact Tool” within Adobe Acrobat, wherein the proposed redactions
`are submitted as “marked” but not yet “applied.” The parties shall have an opportunity to respond
`regarding any proposed redactions the Administrative Law Judge view s as not meeting the
`Commission’s standards for confidential business information.
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`1.7 Disclosure of Confidential Business Information.
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`Paragraph 12 of the Protective Order requires that any unauthorized disclosure of
`confidential business information must be brought to the attention of the Administrative Law
`Judge. Any submissions pursuant to this paragraph shall be in the form of a letter addressed to
`the Administrative Law Judge and submitted in accordance with the procedures and recipients set
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`forth in Ground Rule 1.3. Parties should not file any documents pertaining to the
`unauthorized disclosure of confidential business information on EDIS. Copies of these
`documents will be filed on EDIS by the Office of Administrative Law Judges but will be
`inaccessible to the public and viewable only by certain ITC staff.
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`If further submissions (including correspondence, motions, and motion responses) relating
`to the unauthorized disclosure of confidential business information are necessary, such documents
`shall likewise by submitted to the Administrative Law Judge in accordance with the procedures
`and recipients set forth in Ground Rule 1.3 and shall not be filed on EDIS by any party.
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`2. Procedural Schedule
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`The Administrative Law Judge will promulgate a procedural schedule for the investigation.
`Modifications of the procedural schedule by any party shall be made by written motion showing
`good cause. The event and deadline dates in the procedural schedule will generally adhere to the
`following chronological order, although the parties may agree to modify this order when proposing
`dates in the Joint Proposed Procedural Schedule:
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`File identification of expert witnesses, including their expertise
`and curriculum vitae
`Initial deadline for responses to contention interrogatories on
`issues for which the responding party bears the burden of proof
`Initial deadline for responses to contention interrogatories on
`issues for which the responding party does not bear the burden
`of proof
`G.R. 5.2 Disclosure of Domestic Industry Contentions
`G.R. 5.3 Maximum Scope of the Investigation Disclosure
`G.R. 5.1 File notice of prior art
`Cut-off date for supplements to contention interrogatories on
`issues for which the responding party bears the burden of proof,
`and on public interest issues (if applicable)
`Cut-off date for supplements to contention interrogatories on
`issues for which the responding party does not bear the burden
`of proof
`Fact discovery cut-off and completion
`G.R. 5.3 Initial Case-Narrowing Disclosure
`Deadlines for motions to compel fact discovery
`Exchange of initial expert reports (identify tests/surveys/data)
`File tentative lists of witnesses a party will call to testify at the
`hearing, with an identification of each witness’ relationship to
`the party
`Exchange of rebuttal expert reports
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`Expert discovery cut-off and completion
`Deadline for motions to compel expert discovery
`Deadline for filing motions for summary determination
`Exchange of exhibit lists among the parties
`Submit and serve direct exhibits, with physical exhibits available
`- Complainant(s) and Respondent(s)
`Submit and serve direct exhibits, with physical exhibits available
`- Staff
`Submit and serve rebuttal exhibits, with rebuttal physical
`exhibits available – all parties
`G.R. 5.3 Final Case-Narrowing Disclosure
`File pre-trial statements and briefs – Complainant(s) and
`Respondent(s)
`File pre-trial statement and brief - Staff
`Deadline to file motions in limine
`File responses to motions in limine
`Pre-trial conference
`Hearing
`File initial post-trial briefs and final exhibit lists
`File reply post-trial briefs
`Initial Determination
`Target date for completion of investigation
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`3. Motions; Deadlines for Responses
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`3.1 Contents; In General.
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`Motions may be filed on EDIS in combination with exhibits, that is, the motion and exhibits
`may be all one document, or exhibits may be filed as individual documents, separate from the
`motion they accompany. However, if exhibits are filed as separate documents, they shall be
`identified on EDIS by their exhibit number.
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`If a motion or related document ( e.g., response or reply) contains confidential business
`information as defined in 19 C.F.R. § 201.6(a), the private parties must file a nonconfidential copy
`of the motion and/or related document within five (5) business days from the date of filing. For
`those cases where OUII is a party, OUII shall have ten (10) business days to submit a
`nonconfidential version of the motion and/or related document. It is incumbent on the party filing
`the motion to verify with opposing (or third party) counsel what information is confidential. If an
`exhibit to a motion or related document is not capable of redaction, this must be clearly indicated
`on the exhibit cover sheet. In addition, for any document a party is claiming is not capable of
`redaction, a declaration shall be filed justifying why the entire document must remain confidential.
`When redacting confidential business information, a high level of care must be exercised in order
`to ensure that non-confidential business information is not redacted or indicated. **Paper copies
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`of such nonconfidential filings need not be submitted to the ALJ.**
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`3.1.1 Case Citations.
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`A copy of any cited decision or order that is not available on Westlaw or LEXIS shall be
`provided in an appendix to the brief or pleading.
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`3.2 Contents; Certification.
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`All motions shall include a certification that the moving party has made reasonable, good-
`faith efforts to resolve the matter with the other parties at least two business days1 prior to filing
`the motion, and shall state, if known, the position of the other parties on such motion. Said
`certification shall be placed at the beginning of the motion under a heading entitled “Ground Rule
`3.2 Certification” or similar language.
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`3.3 Motions for Summary Determination and Responses Thereto.
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`Motions for summary determination are limited to one motion per party and are limited to
`50 pages (excluding exhibits). Responses to motions for summary determination are limited to one
`per party and are limited to 50 pages (excluding exhibits). To the ext ent there is more than one
`complainant and/or respondent in an investigation, complainants and/or respondents shall
`coordinate their efforts and submit a single brief. Exceptions to this rule will be made on a case -
`by-case basis.
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`3.4 Discovery-Related Motions.
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`3.4.1 Teleconference Requirement.
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` Prior to filing any motion related to a discovery dispute, the party that seeks to file such a
`motion must discharge its obligation to meet and confer under Ground Rule 3.2. If, after
`discharging its obligation under that rule, the discovery dispute persists, the party intending to file
`the discovery -related motion shall contact the Administrative Law Judge’s attorney -advisor to
`schedule a telephone conference with the Administrative Law Judge in an attempt to resolve the
`discovery dispute. Prior to contac ting the Administrative Law Judge’s attorney-advisor, the party
`should determine the availability of the other parties for a telephone conference. The
`Administrative Law Judge’s attorney- advisor will arrange the setup of the teleconference, along
`with the court reporter, and the filing of the transcript of the teleconference on EDIS.
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`1 Parties can agree to waive the “two business days” requirement.
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` At least forty-eight (48) hours prior to the conference call, the party intending to file the
`motion shall file a written explanation of the discovery dispute. The written explanation shall be
`no more than three (3) pages. Any other party wishing to file an explanation of that discovery
`dispute may also do so provided the explanation is filed at least twenty-four (24) hours prior to
`the conference call and is also not more than three (3) pages.
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` In general, leave to file a discovery-related motion will be granted, if at all, only after the
`intended movant has complied with the procedure provided herein.
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` Note that this subsection does not apply to third-party (a.k.a. non-party) discovery disputes.
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`3.4.2 Contents of Discovery-Related Motions.
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`Any discovery-related motion must have appended to it the pertinent parts of the discovery
`request and all objections and answers thereto. Additionally, if a party serves supplemental
`responses subsequent to the filing of a motion to compel, that party sha ll file copies of the
`supplemental responses, or where documents are produced, a detailed accounting of what
`additional documents were produced.
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`3.5 Deadline for Filing Responses to Motion.
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`In addition to the requirements of Commission Rules 201.16 and 210.15(c) governing the
`time period for a nonmoving party’s response to a written motion, the date of service of a motion
`on a nonmoving party by electronic mail, hand- delivery or by an express -type mail or courier
`service is the date of delivery. The additional time provided under Commission Rule 201.16(d)
`after service by mail does not apply in such instances, unless service by electronic mail,
`hand-delivery or by an express -type mail or couri er service is to a nonmoving party in a foreign
`country, in which event the additional time allowed for responses to motions shall be five (5) days.
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`3.6 Request for Shortened Time to Respond to Motion.
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`A motion may include a request to shorten the period of time during which other parties
`may respond to the motion. The fact that a shortened response time is requested shall be noted in
`the title of the motion and the motion shall include an explanation of the grounds for such a request.
`A request for a shortened response time shall not be made through a separate motion. Requests for
`shortened response time are disfavored and should only be made for good cause.
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`3.7 No Motion Stops Discovery Except Motion to Quash Subpoena.
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`No motion stops discovery except a timely motion to quash a subpoena.
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`3.8 Motions to Strike Expert Disclosures.
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`In the event a party’s expert proffers an opinion, through report or deposition testimony,
`that conflicts with or goes beyond the scope of that party’s contention interrogatory responses, the
`opposing party should promptly file a motion to strike to mainta in clarity of the record. The
`opposing party should not wait until pre-hearing procedures, motions in limine, or live objections
`during the hearing. Moving or objecting at that delayed time will be looked upon unfavorably.
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`4. Discovery
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`4.1 Resolution of Disputes; Coordinated Discovery.
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`All parties shall make reasonable efforts to resolve among themselves disputes arising
`during discovery. Parties with similar interests must coordinate and consolidate depositions and
`all other discovery.
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`4.1.1 Discovery Committee.
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`Commencing with the first full week after these Ground Rules are issued, a discovery
`conference committee (the “Discovery Committee”) consisting of the lead counsel of each party
`and the Commission Investigative Staff shall convene at least once every two weeks during the
`discovery phase of this Investigation, either in person or by telephone, to resolve discovery
`disputes. The Discovery Committee shall confer in good faith to resolve every outstanding
`discovery dispute in a timely manner within the deadlines set forth in the Procedural Schedule.
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`4.2 Stipulations Regarding Discovery Procedure.
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`Unless otherwise directed by the Administrative Law Judge, the parties may by written
`stipulation provide that depositions may be taken before any person, at any time or place, upon
`any notice, and in any manner and when so taken may be used like other depositions. The parties
`may also modify other procedures governing or limitations placed upon discovery, except that
`stipulations extending the time for responses to discovery may, if they would interfere with the
`target date of the investigation or with any time set in the procedural schedule or in an order for
`completion of discovery, for hearing of a motion, or for the trial, be made only with the approval
`of the Administrative Law Judge upon a written motion showing good cause.
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`4.3 Service of Discovery Requests and Responses.
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`Discovery requests and responses thereto shall be served upon all parties, including the
`Commission Investigative Staff , but shall not be served on the Administrative Law Judge
`unless they are pertinent to a motion. Discovery documents need not be served on the Office of
`the Secretary of the Commission, unless they are appended to motions.
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`4.4 Discovery Requests, Responses and Objections.
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`4.4.1 Depositions; Notice and Objections.
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`In addition to the requirements of Commission Rule 210.28(c), unless otherwise ordered,
`any party desiring to take a deposition shall give notice in writing to every other party of not less
`than ten (10) days if the deposition is to be taken of a person located in the United States, or of not
`less than fifteen (15) business days if the deposition is to be taken of a person located outside the
`United States.
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`Speaking objections during depositions are prohibited. Objections to the form of a
`deposition question shall be made by stating, simply, “objection as to form.”
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`4.4.2 Contention Interrogatories.
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`Parties are expected to respond to contention interrogatories by the date set forth in the
`Procedural Schedule. In general, a party may not introduce theories or evidence at the hearing that
`are outside the scope of its responses to contention interrogatories.
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`Conclusory statements in responses to contention interrogatories are insufficient; e.g., if a
`party simply states: “ there is also infringement under the doctrine of equivalents,” the party is
`prohibited from later introducing evidence regarding the details of such infringement.
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`Amendment or supplementation of responses to contention interrogatories after the
`deadlines set forth in the Procedural Schedule may be made only with leave of the Administrative
`Law Judge and shall be entered only upon a showing of good cause.
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`4.4.3 Requests for Admission; Period for Service; Deadline for Responses
`and Objections.
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`In addition to the requirements of Commission Rule s 210.31(a) and (b), unless otherwise
`ordered, a request for admission may be served at any time twenty (20) days after the date of
`service of the Complaint and Notice of Investigation. Commission Rules 210.31(b) and (c) will
`be enforced against improper objections and responses ; e.g., responses which read “we lack
`enough information to confirm or deny and so we deny” or “we object generally and therefore
`deny.”
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`4.4.4 Discovery Cutoff and Completion.
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`Fact discovery requests by any party that would require responses after the fact discovery
`cutoff and completion date must be approved in advance by the Administrative Law Judge upon a
`showing of compelling circumstances.
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`4.5 Subpoenas.
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`4.5.1 Issuance and Service.
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`Pursuant to Commission Rule 210.32, application for subpoena may be made ex parte to
`the Administrative Law Judge. Proposed subpoenas and applications should be emailed to my
`attorney advisor in Microsoft Word format. It will then be returned via email when complete.
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`The application shall set forth with specificity the relevancy of the information sought and
`the reasonableness of the scope of the inquiry. In addition, the subpoena should set forth a time
`limit for a motion to quash and should also state that the subpoena will be served by overnight
`delivery, if not sooner. The signature page for the subpoena shall not be on a separate page and
`must include the case caption . Any dates in a subpoena set for appearance of a deponent or
`production of documents should not be prior to the deadline for filing of any motions to quash.
`Samples of subpoenas are attached in Appendix A hereto.
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`A copy of the issued subpoena and the application shall be served by the applicant upon
`the subpoenaed party and all other parties to the investigation on the next business day, at the latest,
`after the subpoena is issued. The application and subpoena need not be filed with or served on the
`Office of the Secretary of the Commission, including EDIS, unless they are appended to a motion
`to quash or motion for a protective order.
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`4.5.2 Motion to Quash Subpoena; Deadline.
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`In addition to the requirements of Commission Rule 210.32(d), any motion to limit or
`quash a subpoena shall be filed within ten (10) days after receipt thereof, or within such other time
`as the Administrative Law Judge may allow. Filing of any motion to quash an issued subpoena
`automatically stays such subpoena pending disposition of the motion by the Administrative Law
`Judge.
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`4.5.3 Subpoenas Ad Testificandum for Hearings.
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`Applications for subpoenas ad testificandum to appear at the hearing must be submitted
`fourteen (14) days prior to the start of the hearing. Leave to subpoena a witness after this time will
`only be granted upon a written motion showing compelling circumstances.
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`4.6 Translations.
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`All documents produced in response to a document request shall be the original or true
`complete copies of originals. If an English translation of any document produced exists, the
`English translation shall be produced.
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`4.7 Privileged Matter.
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`In order to expedite discovery, the following procedure shall be followed with respect to
`those documents for which counsel claims privilege (attorney-client or work product).
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`4.7.1 Claiming Privilege.
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` If a party objects to discovery on the basis of a claim of privilege, the party asserting the
`privilege shall, in the objection to the interrogatory, document request, or part thereof, identify
`with specificity the nature of the privilege (including work product) that is being claimed. 2 The
`following information shall be provided in the objection, if known or reasonably available, unless
`divulging such information would cause disclosure of the allegedly privileged information: (A)
`For oral communications: (i) the name of the person making the communication and the name (s)
`of persons present while the communication was made; (ii) the date and place of the
`communication; and (iii) the subject matter of the communication; (B) For documents: (i) the
`sender(s)/author(s) of the document; (ii) the recipient(s) of the document; (iii) the date of the
`document; and (iv) the subject matter of the document. The individuals involved in any discovery
`withheld on the basis of privilege shall be identified by position and entity (corporation, firm, etc.)
`with which they are employed or associated. If the author/sender or recipient is an attorney or
`foreign patent agent, he or she shall be so identified.
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` The above information should be provided separately for each document for which
`privilege/protection is asserted, unless doing so would be excessively burdensome or expensive.
`In such instances, the party asserting privilege/protection should particulariz e why providing
`separate designations would be excessively burdensome or expensive, and then may identify by
`categories the voluminous documents or communications for which privilege/protection is
`asserted, providing the above information for each category. A party may only designate
`documents as privileged/protected by category if each document (A) is within the
`privilege/protection claimed and (B) shares common characteristics such as sender, receiver,
`author, or specific subject matter.
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` Where only part of a document or communication is privileged/protected, the
`unprivileged/unprotected portion should be disclosed if otherwise discoverable and within the
`scope of the discovery request. Emails and attachments shall be treated as separate do cuments.
`Additionally, the parties are encouraged to confer and reach agreement regarding how to assert
`privilege/protection claims with respect to email “chains” or “strings.”
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`4.7.2 Motions to Compel Production of Privileged Matter.
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`Any party seeking production of allegedly privileged documents shall file an appropriate
`motion only after examining the privileged document list. In opposing any such motion, a party
`must demonstrate that each element of the applicable privilege(s) has been met. This may be done
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`2 If a party asserts that the common interest privilege applies, the party should so note and also
`identify the underlying privilege ( i.e., attorney-client privilege or work product) that protects the
`discovery from disclosure.
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`through the submission of affidavits or other appropriate evidence. Blanket assertions of privilege
`are insufficient. Failure to submit evidence to support privilege claims may result in waiver of the
`privilege.
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`4.7.3 Timing of Privilege Claims.
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`The privileged document list shall be supplied, unless otherwise ordered or agreed upon
`by the parties, within ten (10) days after objections based on privilege to the underlying
`discovery request are due.
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`5. Mandatory Disclosures
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`5.1 Notice of Prior Art
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`Parties must file on or before the date set in the procedural schedule, notices of any prior
`art consisting of the following information: country, number, date, and name of the patentee of
`any patent; the title, date and page numbers of any publication to be relied upon as anticipation of
`the patent in suit; or as showing the state of the art, and the name and address of any person who
`may be relied upon as the prior inventor or as having prior knowledge of or as having previously
`used or offered for sale the invention of the patent in suit.
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`If a trademark is involved, the parties must file on or before the date set in the procedural
`schedule, notices of any art on which a party will rely at the hearing regarding the functionality or
`non-functionality of any trademarks at issue.
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`In the absence of such notice, proof of said matters may not be introduced into evidence at
`the hearing except upon a timely written motion showing good cause.
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`5.2 Domestic Industry Contentions
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`Not later than the date set forth in the procedural schedule, a complainant asserting a
`domestic industry under 19 U.S.C. § 1337(a)(3)(A) , (B), or (C) shall serve on all other parties a
`“Disclosure of Domestic Industry Contentions.” The Disclosure of Domestic Industry
`Contentions will be binding upon the complainant similar to a response to a contention
`interrogatory, should be updated or supplemented on the same terms as contention interrogatory
`responses, and shall contain, separately, for each asserted patent, the following information:
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`(1) Whether a domestic industry exists or is in the process of being established;
`(2) A detailed identification ( including where available each and every marketing name,
`internal name, part number, version number, and any other unique designations) of the
`article(s) protected by the asserted patent, if any;
`(3) All investments by all involved entities (e.g., complainant, complainant’s licensee,
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`complainant’s third-party supplier, third-party manufacturer, etc.) in plant and equipment
`or employment of labor or capital made in support of the articles identified in (2) above,
`categorized as foreign or domestic, if any;3
`(4) The nature and significance of the domestic investments in plant and equipment or
`employment of labor or capital with respect to the article(s) protected by the asserted
`patent’s claims, and, if the investments are claimed to be “significant,” an explanation as
`to why or how the claimed investments are “significant”;
`(5) For each article (s) protected by the asserted patent, the person(s) most knowledgeable
`regarding (2)-(4) above;
`(6) A detailed identification of activities which exploit the asserted patent through engineering,
`research and development, licensing, or other activity, if any;
`(7) All investments by all involved entities (e.g., complainant, complainant’s licensee,
`complainant’s third-party supplier, third-party manufacturer, etc.) in the exploitation(s) of
`the asserted patent identified in (6) above, categorized as foreign or domestic, if any; and
`(8) The nexus between the exploitation(s) and the asserted patent ’s claims, and, if the
`investments are claimed to be “substantial,” an explanation as to why or how the claimed
`investments are “substantial”
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`5.3 Case-Narrowing Disclosures
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` In many patent-based investigations, it happens that the claims asserted for infringement
`at the evidentiary hearing are a reduced group from those originally set forth in the Notice of
`Institution. C omplainants may develop expectations as to which claims will be dropped (i.e.,
`terminated) early in the investigation, yet wait to reveal these changes to respondents until shortly
`before the evidentiary hearing. Respondents may act similarly with their invalidity contentions
`involving prior art—the number of asserted references and combinations thereof is vast throughout
`much of the case, only to be narrowed shortly before the hearing.
` Such conduct wastes both private and public resources and unduly prejudices the parties.
`To ameliorate surprise and wasted effort, a number of disclosures will be required in this
`investigation.
` First, no later than the date set forth in the procedural schedule (which is up to the parties
`
`3 The purpose of identifying all investments by all involved entities and categorizing them
`as foreign or domestic is to facilitate a determination under Lelo Inc. v. Int’l Trade Comm’n of
`whether “there is a ‘significant’ increase or attribution by virtue of the claimant’s asserted
`commercial activity in the United States.” 786 F.3d 879, 883 (Fed. Cir. 2015).
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`but should be approximately the middle of the fact discovery period), the parties shall file a joint
`Maximum Scope of the Investigation Disclosure setting forth: 1) the maximum number of claims
`which will be asserted for infringement and domestic industry technical prong, across all patents;
`and 2) the maximum number of prior art references which will be involved in invalidity.
`Following the filing of the Maximum Scope of the Investigation Disclosure, the parties should
`endeavor to analyze their cases, eli minate spurious theories, and inform the other side of those
`contentions which have been dropped in order to meet the limits set forth in the Maximum Scope
`of the Investigation Disclosure.
` Second, no later than the date set forth in the procedural schedule (which is up to the parties
`but should follow the close of fact discover