`
`Washington, D.C.
`
`In the Matter of
`
`IN THE MATTER OF CERTAIN SILICON
`
`Inv. No. 337—TA-825
`
`MICROPHONE PACKAGES AND PRODUCTS
`
`CONTAINING SAME
`
`ORDER NO. 2:
`
`ORDER SETTING DATE FOR SUBMISSION OF DISCOVERY
`
`STATEMENTS AND NOTICE OF GROUND RULES
`
`(January 18, 2012)
`
`By publication of a notice in the Federal Register on January 13, 2012 pursuant to subsection
`
`(b) of section 337 of the Tariff Act of 1930, as amended, the Commission instituted this
`
`investigation to determine:
`
`whether there is a violation of subsection (a)(l)(B) of section 337 in the importation
`into the United States, the sale for importation, or the sale within the United States
`after importation of certain silicon microphone packages and products containing
`same that infringe one or more of claims 1, 2, and 8-18 of the '616 patent and claims
`1, 2, 5, 6, 11, 12, 15, 16, 19, 21-23, and 26 ofthe ‘O49 patent, and whether an industry
`in the United States exists as required by subsection (a)(2) of section 337.
`
`77 Fed. Reg. 2087 (January 13, 2012).
`
`The complainant is Knowles Electronics LLC, of Itasca, IL. The named respondents are
`
`Analog Devices Inc., of Norwood, MA, Amkor Technology, Inc., of Chandler, AZ, and Avnet, Inc.,
`
`of Phoenix, AZ. Id.
`
`DISCOVERY STATEMENT
`
`In order that the proceeding in this matter may begin expeditiously, each party is directed to
`
`submit a discovery statement regarding the full investigation, on or before January 31, 2012, which
`
`includes the following (the discovery statement need not be filed with Office of the Secretary of the
`
`Commission):
`
`
`
`A description of information and evidence that each party intends to submit to prove its own
`case.
`
`A description of specific information and evidence that each party will be seeking from other
`parties and third persons.
`
`A description of information and evidence each party believes can be obtained only by
`deposition, interrogatory, subpoena, or request for admissions.
`
`Status of any settlement discussions;
`
`Status of any litigation that may affect any issue in this investigation;
`
`Status of any proceedings (including reexamination proceedings) before the United States
`Patent and Trademark Office;
`
`Proposal for any modifications of the protective order (Order No. 1) now in effect for this
`investigation;
`
`Position as to whether a Markman hearing would be beneficial; and
`
`Position as to target date.
`
`GROUND RULES
`
`I am in the process of finalizing my ground rules and anticipate issuing them shortly.
`
`SO ORDERED.
`
`yzmga
`
`Thomas B. Pender
`
`Administrative Law Judge
`
`
`
`IN THE MATTER OF CERTAIN SILICON MICROPHONE
`
`337-TA-825
`
`PACKAGES AND PRODUCTS CONTAINING SAME
`
`CERTIFICATE OF SERVICE
`
`1, James R. Holbein, hereby certify that the attached PUBLIC ORDER NO. 2 has been served
`upon, Mareesa A. Frederick, Esq., Commission Investigative Attorney, and the following
`parties via first class mail and air mail where necessary on ____Janua1y 19
`, 2012.
`
``À5n
`
``À5n Ðnnn
`
`J R. Holbein, Secretary
`U.S. International Trade Commission
`
`500 E Street, SW, Room 112A
`
`Washington, DC 20436
`
`FOR COMPLAINANT KNOWLES ELECTRONICS LLC.:
`
`David A.Garr, Esq.
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`Washington, DC 20004
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`( X )Via First Class Mail
`(
`)Other:
`
`FOR RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC. &
`AVNET INC.
`
`Steven Bauer, Esq.
`ORRICK, HERRINGTON & SUTCLIFFE, LLP
`1152 l5“‘ Street, N.W.
`Washington, DC 20005
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`(X )Via First Class Mail
`(
`)Other:
`
`PUBLIC MAILING LIST
`
`Heather Hall
`LEXIS - NEXIS
`9443 Springboro Pike
`Miamisburg, OH 45342
`
`Kenneth Clair
`THOMSON WEST
`1100 —
`13"‘ Street NW
`Suite 200
`Washington, DC 20005
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`(x )Via First Class Mail
`(
`)Other:
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`( X )Via First Class M ail
`(
`)Other:
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