UNITED STATES INTERNATIONAL TRADECOMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`IN THE MATTER OF CERTAIN SILICON
`
`Inv. No. 337-TA-825
`
`MICROPHONE PACKAGES AND PRODUCTS
`
`CONTAINING SAME
`
`O1U)ER NO. 3:
`
`SETTING TARGET DATE AND DATE FOR SUBMISSION OF
`
`JOINT PROPOSED PROCEDURAL SCHEDULE
`
`(March 5, 2012)
`
`Target Date
`
`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 193 0, as amended, the Commission instituted this
`
`investigation to determine:
`
`whether there is a violation of subsection (a)(1)(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 of the '049 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).
`
`Pursuant to Commission Rule 210.5 1 (a), a target date for completion of this investigation
`
`must be set. To that end, on January 18, 2012, I issued Order No. 2, requesting that the parties file
`
`discovery statements, addressing, among other things, their position regarding the target date.
`
`Taking into consideration the arguments set forth in the parties’ discovery statements, the number
`
`of asserted patents and claims, and my responsibilities in the other investigations to which I am
`
`assigned, I am setting a target date of May 13, 2013 which is sixteen months from the date the
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`IN THE MATTER OF CERTAIN SILICON
`
`Inv. No. 337-TA-825
`
`MICROPHONE PACKAGES AND PRODUCTS
`
`CONTAINING SAME
`
`O1U)ER NO. 3:
`
`SETTING TARGET DATE AND DATE FOR SUBMISSION OF
`
`JOINT PROPOSED PROCEDURAL SCHEDULE
`
`(March 5, 2012)
`
`Target Date
`
`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 193 0, as amended, the Commission instituted this
`
`investigation to determine:
`
`whether there is a violation of subsection (a)(1)(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 of the '049 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).
`
`Pursuant to Commission Rule 210.5 1 (a), a target date for completion of this investigation
`
`must be set. To that end, on January 18, 2012, I issued Order No. 2, requesting that the parties file
`
`discovery statements, addressing, among other things, their position regarding the target date.
`
`Taking into consideration the arguments set forth in the parties’ discovery statements, the number
`
`of asserted patents and claims, and my responsibilities in the other investigations to which I am
`
`assigned, I am setting a target date of May 13, 2013 which is sixteen months from the date the
`
`
`
`Notice of Investigation was published in the Federal Register. Consequently, any final initial
`
`determination would be due by January 11, 2013. See 19 CFR § 2l0.5l(a); I9 CFR§ 0.42(a)(1)(i).
`
`Proposed Procedural Schedule
`
`The parties shall file a joint proposed procedural schedule on or before March 19, 2012,
`
`which shall include, at a minimum, dates for each of the events set forth in Appendix A hereto.
`
`Based on the target date for this investigation, I anticipate the pre-hearing-conference to start at
`
`8:45 am on Monday, September 24, 2012, in Hearing Room TBD. Immediately after the
`
`conclusion of the pre—hearing conference, a technology tutorial will be held. The evidentiary
`
`hearing shall commence thereafter and shall conclude no later than Monday, October 1, 2012. The
`
`parties shall take these dates into consideration when proposing their procedural schedule.
`
`SO ORDERED.
`
`%,2%z/
`
`Thomas B. Pender
`
`Administrative Law Judge
`
`
`
`APPENDIX A
`
`PROCEDURAL SCHEDULE, CASE NO. 337—TA—825
`
`Event
`
`First settlement conference
`
`Date
`
`' Submit first settlement conference joint report
`a File identification of expert witnesses, including their expertise and
`a curriculum vitae
`
`Serve list of claim terms for construction
`
`File notice of prior art
`
`Serve proposed constructions of previously—identified claim terms
`
`Submit joint list identifying by asserted patent: those claim terms in dispute
`and the parties‘ proposed constructions of those disputed terms; and those
`claim terms at issue, but whose meanings are not disputed, and the joint
`proposed constructions of those claim terms
`
`Serve initial responses to contention interrogatories on the issues for which
`that party bears the burden
`
`Serve initial responses to contention interrogatories on the issues for which
`the opposing party bears the burden
`Second settlement conference
`
`Submit second settlement conference joint report
`Fact discovery cutoff and completion
`1 Serve initial expert reports (identify tests/surveys/data)
`Deadline for filing motions to compel discovery
`
`Serve rebuttal expert reports
`Expert discovery cutoff and completion
`
`Deadline for filing summary determination motions
`Third settlement conference
`
`Submit third settlement conference joint report
`
`File requests for receipt of evidence without a witness
`
`Serve direct exhibits (including witness statements), with available physical
`and demonstrative exhibits
`
` Serveproposedexhibitlists
`
`File objections to direct exhibits (including witness statements)
`
`File responses to objections to direct exhibits (including witness statements)
`Serve rebuttal exhibits (including witness statements), with available rebuttal
`physical and demonstrative exhibits
`
`File pre—hearing statements and briefs
`Submit direct and rebuttal exhibits (including witness statements) with
`available direct and rebuttal physical and demonstrative exhibits
`Deadline for filing motions in limine
`File high priority objections statement
`
`
`
`File objections to rebuttal exhibits (including witness statements)
`File responses to objections to rebuttal exhibits (including Witness
`1 statements)
`File responses to high priority objections statement
`[ File responses to motions in limine
`Pre—hearing conference
`Technology Tutorial
`
`Hearing
`
`File reply post-hearing briefs
`
`File initial post—hearing briefs and final exhibit lists
`Initial Determination due
`
`Target date for completion of investigation
`
`I September 13, 2012
`September 13, 2012
`September 24, 2012
`r September 24, 2012
`l September 24, 2012
`through
`October 1, 2012
`
`November 1, 2012
`
`]l October 18, 2012
`}
`January 11, 2013
`
`May 13, 2013
`
`l
`
`1
`
`
`
`IN THE MATTER OF CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS CONTAINING SAME
`
`A
`
`337~TA—825
`
`CERTIFICATE OF SERVICE
`
`I, James R. Holbein, hereby certify that the attached PUBLIC ORDER NO. 3 has been served
`upon the following parties via first class mail and air mail where necessary on
`
`March 5
`
`, 2012.
`
`
`
`James R. Holbein, Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112A
`
`Washington, DC 20436 A
`
`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
`(
`K)Via First Class Mail
`(
`)Other:
`
`FOR RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC. &
`AVNET INC.
`
`Steven Bauer, Esq.
`PROSKAUER ROSE, LLP
`One International Place
`Boston, MA 02110
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`(\)Via First Class Mail
`(
`)Other:
`
`PUBLIC MAILING LIST
`
`I
`
`’
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`(\)Via First Class Mail
`(
`)Other:
`
`‘
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`(‘fiyia First Class M ail
`(
`)Other:
`
`Heather Hall
`LEXIS - NEXIS
`9443 Springboro Pike
`Miamisburg, OH 45342
`
`7
`
`Kenneth Clair
`THOMSON WEST
`1100 — 13”‘ Street NW
`Suite 200
`Washington, DC 20005
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