UNITED STATES INTERNATIONAL TRADE COMMISSION
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`Washington, D.C.
`
`Before The Honorable Paul J. Luckern
`Before The Honorable Paul J. Luckem
`Admlniatrative Law Judge
`Administrative Law Judje
`
`In the Matter of
`In the Matter of
`CERTAIN INIC CARTRIDGES AND
`CERTAIN INK CARTRIDGES AND
`COMPONENT PARTS THEREOF
`COMPONENT PARTS THEREOF
`
`Inv. No. 337-TA-565
`Inv. No. 337-TA-SCiS
`Consolidated Enforcamont Proceeding
`Consolidated Enforcement Proceeding
`
`JOINT STIPULATION REGARDING AUTHENTICITY OF DOCUMENTS
`JOINT STIPULATION REGARDING AUTHENTICITY OF DOCUMENTS
`PRODUCED BY NINESTAR ENTITY RESPONDENTS
`PRODUCED BY NINESTAB ENTITY RESPONDENTS
`
`It is hereby stipulated and agreed by and among counsel for Respondents Ninestar
`It is bereby stipUlated and agreed by and among counsel for Respondents Ninestar
`
`Technology Co., Ltd. ("Ninestar China"), Ninestar Technology Company, Ltd. ("Ninestar US")
`Technology Co., Ltd. ("Ninestar China"), Ninestar Technology Company, Ltd. ("Ninestar US")
`
`and Town Sky, Inc. ("Town Sky") (collectively "Respondents") and counsel for Complainants,
`and Town Sky, Inc. ("Town Sky") (collectively "Respondents") and counsel for Complainants,
`
`as folbws:
`as follows:
`
`I.
`1.
`
`Complainants stipulate tbat any document produced in this enfarcement
`Complainants stipulate tbat any document produced in this enforcement
`
`proceding by Complainants (as identified by the Bates prefixes and numbers assigned thereto
`proceeding by Complainants (as identified by the Bates pRifixes and numbers assigned theRito
`
`by Complainants), and any true and comct copy thereof, is authentic.
`by Complainants), and any true and COrRIct copy then:of, is authentic.
`
`2.
`2.
`
`Complainants will not contend at any deposit ion or hearing or in any briefing in
`Complainants will not contend at any deposit ion or bearing or in any briefing in
`
`this matter that any document produced in this enforcement proceeding by Complainents (as
`this matter that any document produced in this enforcement proceeding by Complainants (as
`
`identified by the Bates prefixes and numbers assigned thereto by Complainants), or any true and
`identified by the Bates prefixes and numbers assigned thereto by Complainants), or any true and
`
`correct copy thereof, is not authentic.
`correct copy thereof, is not authentic.
`
`3.
`3.
`
`Respondents stipulate that any document producd in this enforcement
`Respondents stipulate tbat any document produced in this enforcement
`
`proceeding by any of Respondents Ninestar China, Ninestat US, or Town Slcy (as identified by
`proceeding by any of Respondents Ninestar China, Ninestar US, or Town Sky (as identified by
`
`the Bates prefixes and numbers assigned them by Respondents), and any true and correct copy
`the Bates prefixes and numbers assigned thereto by Respondents), and any true and correct copy
`
`thereof, is authentic.
`then:ot; is authentic.
`
`.).
`
`

`
`Respondents will not contend at any deposition or hearing or in any briefing in
`4.
`4.
`Respondents will nol conlelld at any deposition or hearing or in any briefing in
`this matter that my document produced in this enforcement proceeding by any o f Respondents
`Ihis matter lbat any document produced in this enforcement proceeding by any 0 f Respondents
`Ninestar C h b , Ninestar US, or Town Sky (as identified by the Bates prefixes and n u m b
`Ninestar China, Ninestar US, or Town Sky (as idenlified by the Bales prefixes and numbers
`assigned thereto by Respondents), or any truE and correct copy thcreaf, is not authentic.
`assigned thereto by Respondents), or any true and correct copy thereof, is not authentic.
`Respondents stipulate tbat documents produced in this enforcement pmcding by
`5.
`Respondents stipulate that documents produced in this enforcement proceeding by
`S.
`any of Respondents Ninestar China, Ninestar US, or Town Sky (as identified by the Bates
`any of Respondents Ninestar China, Ninestar US, or Town Sky (as identified by the Bates
`prefixes and numben assigned thereto by Respondents), or any true and correct copies thereof,
`prefixes and numbers assigned thereto by Respondents), or any true and correct copies thereof,
`are what they purport to be. For example, but withavt limitation, Rwpcmdent~ agree that any
`are what they purport to be. For example, but without limitation, Respondents agree that any
`document labeled as an 'Invaice" ar "Pwchase Order" produced by them in this enforcement
`document labeled as an "Invoice" or "Purchase Order" produced by them in this enforcement
` an invoice h m Ninestar or purchase order received by Ninestar,
`proceed'ig is in k t
`proceeding is in fact an invoice from Ninestar or purchase order received by NineSlar,
`xespectivcl y.
`respectively.
`
`Respondents stipulate tbat any document produced in this enforcement
`6.
`6.
`Respondents stipulate tbat any document produced in this enforcement
`pKlceed'tng by any of Respondents Ninestar China, Nincstar US, or Town Sky (as idmtified by
`proceeding by any of Respondents Ninestar China, Ninestar US, or Town Sky (as identified by
`the Bates prefixes ad numbers assigned thereto by Respondents) that purports to be a
`the Bates prefixes and numbers assigned thereto by Respondents) thai purports to be a
`memorandum, report, record, or data compilation, in any form, of my tmsaction(s) involving
`memorandum, report, record, or data eompilation, in any form, of any transaction(s) involving
`ink cartridea(s) of any kind (whether empty, compatible, OEM, or remanufactured), was: (I)
`ink eartridge(s) of any kind (whether empty, compatible, OEM, or remanufactured), was: (I)
`made at or near tbc time of the transaction by, or from information transmitted by, e person with
`made at or near the time of the trsnsaction by, or from information transmitted by, a person with
`knowledge of the transaction; and (2) kept in the course of a regularly conducted business
`knowledge of the transaction; and (2) kept in the course of a regularly conducted business
`activity, in which it was the regular practice of that business activity to make the memorandum,
`activity, in which it was the regular practice ofthal business activity to make the memorandum,
`report, record or data compilation.
`report, record or data compilation.
`Respondents will not contend at any deposition or hearing or in any briefing in
`7.
`7.
`Respondents will not contend at any deposition or hearing or in any briefing in
`this matter that any document produced in this enforcement proceeding by any of Respondents
`this matter that any document produced in this enforcement proceeding by any of Respondents
`Ninestar China, Ninestar US, or Town Sky (as identified by the Bates prefixes and numbers
`Ninestar China, Ninestar US, or Town Sky (as identified by the Bates prefixes and numbers
`
`-2-
`
`

`
`assigned thereto by Respondents), or any true and correct copy thereof, does not accurately
`assigned thereto by Respondents). or any true and correct copy thereof, does nOI accurately
`
`mfltct the actions or tansaction it purports to depict.
`reflect Ihe actions or transaction it purports to depict.
`Complainants and Respondents stipulate that any document produced in this
`Complainants and Respondents stipulate that any document produced in this
`
`8.
`S.
`
`enforcement proceeding by any third party customer, reseller, supplier or agent of Respondents
`enforcement proceeding by any third party customer, reseUer, supplier or agenl of Respondents
`Ninestar China, Ninestar US, or Town Sky (as identified by the Bates prefixes and numbers
`Ninestar China, Ninestar US, or Town Sky (as identified by the Bates prefixes and numbers
`assigned thereto by the third party), a d any tnre and coned copy thereof, is authentic, unless the
`assigned thereto by the third party). and any true and correct copy thereof, is authentic,lIIllw the
`stipulating party objects in writing to the authenllcity of any such document within seven (7)
`stipulating party objects in writing to the authenticity of any such document within seven (7)
`
`business days (excIudiig weekends and U.S. federal holidays) of the
`of (i) the date on
`business days (excluding weekends and U,S. federal holidays) of the !!WW of (i) the date on
`which both Comphinants and Respondents have executed this stipulation; (ii) the date on which
`which both Complainants and Respondents have executed this stipulation; (Ii) the date on which
`the tbird party produced the document; or (iii) the date on which the third party document was
`the tbird party produced the document; or (iii) the date on which the third party document was
`
`made availabIe to the objecting party.
`made available to the objecting party.
`Complainants and Respondtnts will not contend at any deposition or hearing or in
`Complainants and Respondents will not contend at any deposit ion or hearing or in
`
`9,
`9.
`
`any briefing in (his matter that any document produced in this enforcement proceeding by any
`any briefing in this matter that any document produced in this enforcement proceeding by any
`
`third party customer, reseller, supplier or agent of Ninestar China, Ninestar US, or Town Sky (as
`third party customer, reseUer. supplier or agent of Nines tar Cbina, Ninestar US, or Town Sky (as
`
`identified by the Bates prefixes and numbers assigned thereto by the third party), or any true and
`identified by the Bates prefixes and numbers assigned thereto by the tbird party). or any true and
`
`correct copy thereof, is not authentic,
`the so-contending party objected in writing to the
`correct copy thereof, is not authentic.1IIIl§!. the so-contending party objected in writing to the
`authenticity of the document within sewn (7) business days (excluding weekends and U S
`authenticity ofthe document within seven (7) business days (excluding weekends and U.S.
`fedml holidays) of the Iatcsl of (i) the date on which both Complainants and Respondents have
`federal holidays) of the !!WW of (i) the date on whicb both Complainants and Respondents have
`executed this stipulation; (ii) the date on which the third party produced the document; or (3) the
`executed this stipulation; (ii) the date on which the third party produced the document; or (iii) the
`
`date on which the third party document was made available to the objecting party.
`date on which the third party document was made available to the objecting party.
`
`10.
`Respondents stipulate that documents produced in this cnforcernent proceeding by
`10.
`Respondents stipulate that documents produced in this enforcement proceeding by
`any third party customer, =seller, supplier or agent af Respondents Ninestar China, Ninestar US,
`any third party customer, reseUer, supplier or agent of Respondents Ninestar China, Ninestar US,
`or Town Sky (as identified by the Batee prefixes and numbers assigned thereto by the t K d
`or Town Sky (as identified by the Bates prefixes and numbers assigned thereto by the third
`
`0I856I.!611012.2
`
`-3-
`
`

`
`party), or any true and correct copies thereof, are what they purporl to be. For example, but
`party), or any true and correct copies thereof, are what they purport to be. For example, but
`
`without limitation, Respondents agree that any document labeled as an "Invoice" or "Purchase
`without limitation, Respondents agree that any document labeled as an "Invoice" or "Purchase
`
`Order" issued to or by Ninestar China, Ninestar US, or Town Sky produced by a third party in
`Order" issued \0 or by Ninestar China, Ninestar US, or Town Sky produced by a third party In
`
`this enforcement procecdmg is in fact an invoice issued to or by Nintstar or purchase order
`tbis enforcement proceeding is In fact an invoice issued to or by Nlnestar or purchase order
`
`issued to or by Ninestar, respectively.
`issued to or by Ninestar, respectively.
`
`II.
`11.
`
`Reepondents stipulate that any document produced in this enforcement
`Respondents stipulate that any document produced in this enforeement
`
`proceeding by any third party customer, reseller, supplier or agent of Respondents Ninestar
`proceeding by any third party customer, reseller, supplier or agent of Respondents Ninestar
`
`China, Ninestar US, or Town Sky (as identified by the Bates prefixes and numbers assigned
`China, Ninestar US, or Town Sky (as identified by the Bates prefixes and numbers assigned
`
`thereto by the thiid party) that purports to be a memorandum, report, record, or data compilation,
`thereto by the third party) that purports to be a memorandum, report, record, or data compilation,
`
`in any form, of my transactian(s) involving ink cartddge(s) of any kind (whethcr empty,
`in any form, of any transaction(s) involving ink cartrldge(s) of any kind (whether empty,
`
`compatible, OEM, or manufactured), was: (1) made at or near the time of the transaction by, or
`compatible, OEM, or remanufactured), was: (I) made at or near the time of the transaction by, or
`
`from information transmitted by, a petson with knowledge of the trmsaction; and (2) kept in the
`from information transmitted by, a person with knowledge of the transaction; and (2) kept In the
`
`come of a regularly conducted business activity, in which it was the mylar practice of that
`course ofa regularly conducted business activity, In which It was the regular practice ofthat
`
`business activity to make the memorandum, report, record or data compiIation.
`business activity to make the memorandum, report, record or data compilation,
`
`12.
`12.
`
`Respondents will not contend at any deposit ion or hearing or in any briefing in
`Respondents will not contend at any deposit ion or hearing or in any briefing in
`
`this matter that any document produced in this enforcement proceeding by any tbird party
`this matter that any document produced in this enforcement proceeding by any third party
`
`customer, reseller, supplier or agent of Respondents Ninestar China, Ninestar US, or Town Sky
`customer. reseller, supplier or agent of Respond en Is Ninestar China, Nlnestar US, or Town Sky
`
`(as identified by the Bales prefixes and numbers assigned therelo by the third party), or any true
`(as identified by the Bates prefixes and numbers assigned thereto by the third party), or any true
`
`and comct copy thereof, does not accurately reflect the actions or transaction it purports to
`and correct copy thereof, does not accurately reflect the actions or transaction it purports to
`
`depict,
`depict.
`Dated: November'~ 2008
`Dated: ~bvembe& 2008
`
`0$8't.'267107U
`
`Respectfull
`
`ubl11iU' ¢;:
`
`Louis S
`astriani
`Michael L. Dome
`Michael L. Doane
`
`

`
`Ian A. Taronji
`Ian A. Taronji
`ADDUCI, MASTRIANI & SCmUMBERG, L.L.P.
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`Attorneys for Complainants
`Attorneys for Complainants
`1200 Seventeenlh Street, N.W., Fifth Floor
`1200 Seventeenth Street, N.W., Fifth Floor
`Washington, DC 20036
`Washington, DC 20036
`(202) 467-6300
`(202) 467-6300
`
`Harold A. Bana
`Harold A. Bana
`Tigran Guledj ian
`Tigran Guledj ian
`QUZNN EMANUEL URQUI-IART OLIVER &
`QUINN EMANUEL URQUHART OLIVER &
`HEDGES, LLP
`HEDGES,LLP
`Attorneys for Complainants
`Attorneys for Complainants
`865 South Figueroa Street, 10th Floor
`865 South Figueroa Street, 10th Floor
`Los Angdes, California 9001 7-2543
`Los Angeles, California 90017·2543
`(2 1 3) 443-3000
`(213) 443·3000
`
`~ ~ Edward F.
`
`'Connor, Esq.
`THE ECLIPSE GROUP LLP
`THE ECLIPSE OROUP LLP
`1920 Main Street, Suite 150
`1920 Main Street, Suite I SO
`Wne, CA 92614
`Irvine, CA 92614
`(949) 85 1-5000
`(949) 851·5000
`
`-5-
`
`

`
`CERTIFXCATE OF SERVICE
`CERTIFICATE OF SERVICE
`
`I hereby certi4 that a copy of the foregoing JOINT STIPULATION REGARDING
`I hereby certify that a copy of the foregoing JOINT STIPULATION REGARDING
`AUTHENTICITY OF DOCUMENTS PRODUCED BY NINESTAR ENTITY
`AUTHENTICITY OF DOCUMENTS PRODUCED BY NINESTAR ENTITY
`RESPONDENTS (PUBLIC) was served on the 14th day of November 2008 on all parties listed
`RESPONDENTS (PUBLIC) was served on the 14th day of November 2008 on all parties listed
`below:
`below:
`
`The Honorable Marilyn R. Abbott
`The Honorable Marilyn R. Abbott
`SECRETARY
`SECRETARY
`TRADE COMMISSION
`U.S. INTERNATIONAL
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 112A
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`Washington, DC 20436
`(VIA ELECTRONIC MAIL)
`(VIA ELECTRONIC MAIL)
`
`The Honorable Paul J. Luckern
`The Honorable Paul J. Luckern
`ADMINISTRATIVE LA w JUDGE
`AoMINISTRA TIVE LA W JUDGE
`U.S. INTERNATIONAL TRADE COMMISSION
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 317
`500 E Street, S.W., Room 317
`Washington, DC 2043 6
`Washington, DC 20436
`(VIA HAND DELIVERY - 2 copies)
`(VIA HAND DELIVERY - 2 copies)
`
`Kevin Baer, Esq., Investigative Attorney
`Kevin Baer, Esq., Investigative Attorney
`Office of Unfair Import Investigations
`Office of Unfair Import Investigations
`US, INTERNATIONAL TRADE COMMISSION
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S. W., Room 401
`500 E Street, S.W., Room 401
`Washington, DC 20436
`Washington, DC 20436
`(VIA ELECTRONIC MAIL)
`(VIA ELECTRONIC MAIL)
`COMPANY LTD, NINE STAR
`COUNSEL FOR RJ~SPONDENTS NINEST~TECHNOLOGY
`COUNSEL FOR RESPONDENTS NINESTAR.TECHNOLOGY COMPANY LTD, NINE STAR
`TECHNOLOGY CO., LTD. AND TOWN SKY. XNC.
`TECHNOLOGY CO .. LTD. AND TOWN SKY, INC.
`Edward O'Connor, Esq.
`Edward O'Connor, Esq.
`THE ECLIPSE GROUP LLP
`THE ECLIPSE GROUP LLP
`1920 Main Street, Suite 150
`1920 Main Street, Suite 150
`Irvine, California 926 1 4
`Irvine, California 92614
`(VIA ELECTRONIC MAIL)
`(VIA ELECTRONIC MAIL)
`
`COUNSEL FOR MIPO AVERICA LTD.
`COUNSEL FOR M1PO AMERICA LTD.
`Alan Ramer, Esq.
`Alan Ramer, Esq.
`91 00 South DadeIand BIvd., Suite 1500
`9100 South Dadeland Blvd., Suite 1500
`Miami, Florida 33 156
`Miami, Florida 33156
`(VIA ELECTRONIC MAIL)
`(VIA ELECTRONIC MAIL)
`
`SEC 100008
`SEC 1 00008
`
`AddU~~L.L.P.
`
`Adduci, Mastrihi & chumb berg, L.L.P.
`1200 ~&enteentth Street, NW, F&I Floor
`1200 Seventeenth Street, NW, Fifth Floor
`Washington, D.C. 20036
`Washington, D.C. 20036