UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`Before the Honorable Thomas Bernard Pender
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING THE SAME
`
`Investigation No. 337-TA-825
`
`RESPONDENTS AMKOR AND AVNET’S UNOPPOSED MOTION FOR LEAVE TO
`PARTICIPATE IN A FIRST SETTLEMENT CONFERENCE BY TELEPHONE, TO
`THE EXTENT NECESSARY
`
`The parties have agreed that Friday, April 13, 2012 is the deadline to conduct the first
`
`settlement conference.1 Representatives of Complainant Knowles Electronics LLC (“Knowles”)
`
`and Respondent Analog Devices, Inc. (“Analog”) have scheduled their first settlement
`
`conference for Monday, April 9, 2012 in Washington, D.C. Representatives of Knowles and
`
`Analog with settlement authority will participate in person, as required by Ground Rule 2.
`
`Analog’s representative will also have negotiating authority from the other two respondents,
`
`Amkor Technology, Inc. (“Amkor”) and Avnet, Inc. (“Avnet”), who are in this matter solely by
`
`reason of their relationship with Analog.
`
`Amkor and Avnet request leave to participate in this first settlement conference with
`
`Knowles by telephone, to the extent necessary, given that Analog’s representative has been given
`
`negotiating authority for this conference.
`
`Respondents have conferred with Knowles about the subject matter of this motion and
`
`Knowles does not oppose the relief sought. Respondent Analog assents to this motion.
`
`
`1 The parties agreed to this date in their Joint Proposed Procedural Schedule (DocID 475148).
`
`
`Washington, D.C.
`
`Before the Honorable Thomas Bernard Pender
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING THE SAME
`
`Investigation No. 337-TA-825
`
`RESPONDENTS AMKOR AND AVNET’S UNOPPOSED MOTION FOR LEAVE TO
`PARTICIPATE IN A FIRST SETTLEMENT CONFERENCE BY TELEPHONE, TO
`THE EXTENT NECESSARY
`
`The parties have agreed that Friday, April 13, 2012 is the deadline to conduct the first
`
`settlement conference.1 Representatives of Complainant Knowles Electronics LLC (“Knowles”)
`
`and Respondent Analog Devices, Inc. (“Analog”) have scheduled their first settlement
`
`conference for Monday, April 9, 2012 in Washington, D.C. Representatives of Knowles and
`
`Analog with settlement authority will participate in person, as required by Ground Rule 2.
`
`Analog’s representative will also have negotiating authority from the other two respondents,
`
`Amkor Technology, Inc. (“Amkor”) and Avnet, Inc. (“Avnet”), who are in this matter solely by
`
`reason of their relationship with Analog.
`
`Amkor and Avnet request leave to participate in this first settlement conference with
`
`Knowles by telephone, to the extent necessary, given that Analog’s representative has been given
`
`negotiating authority for this conference.
`
`Respondents have conferred with Knowles about the subject matter of this motion and
`
`Knowles does not oppose the relief sought. Respondent Analog assents to this motion.
`
`
`1 The parties agreed to this date in their Joint Proposed Procedural Schedule (DocID 475148).
`
`
`
`Good cause exists to grant this motion. This dispute primarily concerns Knowles and
`
`Analog, competitors who have been engaged in patent litigation for many years. Analog is the
`
`primary respondent because it designs and engineers the accused microphones. Amkor is merely
`
`a contract manufacturer for Analog, and Avnet is merely a distributor of Analog’s products.
`
`Amkor and Avnet have granted Analog authority to represent them and, if the opportunity
`
`presents itself, settle on their behalf at the settlement conference scheduled for this Monday.
`
`Because the representatives with settlement authority from Amkor and Avnet are located in
`
`Arizona, it would impose a significant burden on them to travel across the country to participate
`
`in a conference in which, in reality given their relationship with Analog, they would be primarily
`
`passive observers.
`
`Wherefore, Amkor and Avnet request leave to participate in this first settlement
`
`conference with Knowles by telephone during its meeting with Analog in Washington, DC., to
`
`the extent necessary, given that Analog’s representative has been given negotiating authority for
`
`this conference.
`
`2
`
`
`
`Dated: April 6, 2012
`
`Respectfully submitted,
`
`By: __/s/ Jordan Coyle_______________
`
`Sten A. Jensen
`Jordan L. Coyle
`Orrick, Herrington & Sutcliffe, LLP
`1152 15th Street, NW
`Washington, DC 20005
`Telephone: (202) 339-8400
`Facsimile: (202) 339-8500
`sjensen@orrick.com
`jcoyle@orrick.com
`
`Steven M. Bauer
`Colin G. Cabral
`Sharada Devarasetty
`Proskauer Rose, LLP
`One International Place
`Boston, Massachusetts 02110
`Telephone (617) 526-9600
`Facsimile (617) 526-9899
`sbauer@proskauer.com
`ccabral@proskauer.com
`sdevarasetty@proskauer.com
`
`Counsel for Respondents Analog Devices, Inc.,
`Amkor Technology Inc. and Avnet Inc.
`
`3
`
`
`
`Certain Silicon Microphone Packages and Products Containing Same
`
`Inv. No. 337-TA-825
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 6, 2012, copies of the foregoing were served in the manner
`indicated below:
`
`The Honorable James R. Holbein
`Secretary
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 112
`Washington, D.C. 20436
`(2 copies)
`The Honorable Thomas B. Pender
`Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W.
`Washington, D.C. 20436
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Courier
`Via Facsimile
`Via EDIS
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Courier
`Via Facsimile
` Via Electronic Mail
`Gregory.moldafsky@usitc.gov
`
`Counsel For Complainant Knowles Electronics LLC:
`David A. Garr
`Alexander D. Chinoy
`Sturgis M. Sobin
`Paul J. Wilson
`Ashley E. Miller
`Peter A. Swanson
`Ashley E. Miller
`Anna C. Haac
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004-2401
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Courier
`Via Facsimile
`Via Electronic Mail
`Knowles-337-825@cov.com
`
`Eric Hellerman
`COVINGTON & BURLING LLP
`The New York Times Building
`620 Eighth Ave.
`New York, NY 10018
`John Rabena
`Jrabena@sughrue.com
`Ryan Corbett
`Rcorbett@sughrue.com
`SUGHRUE MION PLLC
`2100 Pennsylvania Ave., NW Suite 800
`Washington, DC 20037
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Courier
`Via Facsimile
`Via Electronic Mail
`
`
`
`Certain Silicon Microphone Packages and Products Containing Same
`
`Inv. No. 337-TA-825
`
`Allan Sternstein
`ASternstein@dykema.com
`Timothy Sendek
`TSendek@dykema.com
`DYKEMA GOSSETT PLLC
`10 South Wacker Drive, Suite 2300
`Chicago, IL 60606
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Courier
`Via Facsimile
`Via Electronic Mail
`
`/s/ Jordan Coyle_____
`Jordan Coyle
`Orrick, Herrington & Sutcliffe LLP
`1152 15th Street, NW
`Washington, DC 20005
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