UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`Before the Honorable Thomas J. Pender
`Administrative Law Judge
`
`
`In The Matter Of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`Investigation No. 337-TA-825
`
`
`
`JOINT MOTION OF COMPLAINANT KNOWLES ELECTRONICS, LLC AND
`RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC.
`AND AVNET, INC. TO AMEND PROCEDURAL SCHEDULE TO EXTEND
`DEADLINE FOR SECOND SETTLEMENT CONFERENCE, AND
`RESPONDENTS’ UNOPPOSED MOTION FOR PERMISSION FOR
`RESPONDENTS AMKOR TECHNOLOGY, INC. AND AVNET, INC. TO
`ATTEND BY TELECONFERENCE
`
`Pursuant to 19 C.F.R. § 210.6 and Ground Rules 2 and 4.1, Complainant Knowles
`
`Electronics, LLC (“Knowles”) and Respondents Analog Devices, Inc. (“ADI”), Amkor
`
`Technology, Inc. (“Amkor”) and Avnet, Inc. (“Avnet”) (collectively “Respondents”)
`
`jointly move to amend the Procedural Schedule set forth in Order No. 4 in this
`
`Investigation (”Order No. 4”) to extend the deadline to hold the Second Settlement
`
`Conference, from June 15, 2012 to June 26, 2012 and Respondents move for permission
`
`for Respondents Amkor and Avnet to participate by teleconference as needed.
`
`Joint Motion to Amend Procedural Schedule to Extend Deadline for Second
`Settlement Conference
`
`The deadline to hold the Second Settlement Conference is the only date set forth
`
`in Order No. 4 the parties seek to change. They seek an extension of less than two
`
`weeks. This change will not require any other modification to the Procedural Schedule.
`
`Respondents also move, pursuant to Ground Rule 2, for permission for
`
`representatives of Amkor and Avnet to participate in the settlement conference by
`
`
`
`
`WASHINGTON, DC
`
`Before the Honorable Thomas J. Pender
`Administrative Law Judge
`
`
`In The Matter Of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`Investigation No. 337-TA-825
`
`
`
`JOINT MOTION OF COMPLAINANT KNOWLES ELECTRONICS, LLC AND
`RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC.
`AND AVNET, INC. TO AMEND PROCEDURAL SCHEDULE TO EXTEND
`DEADLINE FOR SECOND SETTLEMENT CONFERENCE, AND
`RESPONDENTS’ UNOPPOSED MOTION FOR PERMISSION FOR
`RESPONDENTS AMKOR TECHNOLOGY, INC. AND AVNET, INC. TO
`ATTEND BY TELECONFERENCE
`
`Pursuant to 19 C.F.R. § 210.6 and Ground Rules 2 and 4.1, Complainant Knowles
`
`Electronics, LLC (“Knowles”) and Respondents Analog Devices, Inc. (“ADI”), Amkor
`
`Technology, Inc. (“Amkor”) and Avnet, Inc. (“Avnet”) (collectively “Respondents”)
`
`jointly move to amend the Procedural Schedule set forth in Order No. 4 in this
`
`Investigation (”Order No. 4”) to extend the deadline to hold the Second Settlement
`
`Conference, from June 15, 2012 to June 26, 2012 and Respondents move for permission
`
`for Respondents Amkor and Avnet to participate by teleconference as needed.
`
`Joint Motion to Amend Procedural Schedule to Extend Deadline for Second
`Settlement Conference
`
`The deadline to hold the Second Settlement Conference is the only date set forth
`
`in Order No. 4 the parties seek to change. They seek an extension of less than two
`
`weeks. This change will not require any other modification to the Procedural Schedule.
`
`Respondents also move, pursuant to Ground Rule 2, for permission for
`
`representatives of Amkor and Avnet to participate in the settlement conference by
`
`
`
`
`
`
`
`teleconference as needed, to the extent their interests cannot be represented by ADI. That
`
`motion is unopposed.
`
`Background
`
`The Chief Executive Officers and General Counsel of Complainant Knowles, Jeff
`
`Niew and Ivonne M. Cabrera, respectively, and of Respondent ADI, Gerald A. Fishman
`
`and Margaret K. Self, respectively, are all available for a face-to-face settlement meeting
`
`on June 26, 2012, and the parties have scheduled a face-to-face settlement meeting
`
`between them for that date. At that meeting, ADI’s Chief Executive Officer and General
`
`Counsel will be representing Respondents Amkor and Avnet in addition to ADI. With
`
`the permission of the ALJ, representatives of Respondents Amkor and Avnet will
`
`participate by teleconference as needed, to the extent their interests cannot be represented
`
`by ADI.
`
`The Extension Sought is Consistent with the ALJ’s Ground Rules
`
`
`
`Ground Rule 2 provides:
`
`The parties are required to attend three settlement conferences as set forth
`
`in the procedural schedule. The first settlement conference should occur
`relatively early in the investigation;1 the second settlement conference should
`occur approximately midway through the discovery period; and the third
`settlement conference should occur between the close of discovery and the
`commencement of the hearing.
`
`The parties are nearing substantial completion of document and interrogatory discovery
`
`and have recently begun depositions. Order No. 4 provides that fact discovery and
`
`expert discovery is to be completely by July 23. The date to which the parties seek to
`
`1 The First Settlement Conference, attended by Ms. Cabrera on behalf of Knowles and by
`Ms. Self on behalf of Respondents, occurred on April 9, 2012, in advance of the April 13,
`
`
`2012 deadline set by Order No. 4.
`
`
`
`
`
`
`extend the deadline for the second settlement conference is nearly four weeks before the
`
`discovery cut-off. Therefore, the adjournment is consistent with the timing
`
`contemplated by Ground Rule 2.
`
`Ground Rule 1.10.2 provides:
`
`
`
`
`
`Except as provided in Ground Rule 10.3, a request for extension of time
`that is unopposed . . . does not require a showing of good cause and will typically
`be granted as a matter of course.
`
`Ground Rule 10.3, the exception referred to in Ground Rule 1.10.3, provides:
`
`A request for extension of time that would require an extension of the fact
`discovery period or expert discovery period … will be granted only upon a
`showing of extraordinary cause.
`
`The extension of time sought by this joint motion will not require an extension of the fact
`
`discovery period or the expert discovery period.
`
`
`
`Ground Rule 4.1 provides:
`
`Modifications of the procedural schedule (e.g., motion to submit
`
`notice of prior art out of time, motion to extend expert discovery period,
`motion for extension of time to submit initial expert reports), will be
`granted only upon written motion showing extraordinary cause.
`
`This joint motion does not seek to submit a notice of prior art out of time, to extend the
`
`expert discovery period, or to extend the time to submit initial expert reports, and will
`
`have no impact on the deadlines for those or any other events set forth in Order No. 4.
`
`
`
`The parties recognize that on its face the extraordinary cause requirement of
`
`Ground Rule 4.1 is not limited to the three events listed in its parenthetical. The parties
`
`submit, however, that there is extraordinary cause for extending the deadline for the
`
`Second Discovery Conference: As set forth above, the parties have planned a face-to-
`
`face settlement conference between the chief executive officers of Knowles and ADI, as
`
`well as the general counsel of both companies, and respectfully request that this June 26
`
`
`
`
`
`
`
`conference constitute the Second Settlement Conference, with the deadline for
`
`completion of the Second Settlement Conference accordingly being moved to June 26.
`
`Respondents’ Motion for Respondents Amkor and Avnet to Participate by
`Teleconference
`
`Respondents further move, pursuant to Ground Rule 2, for permission for
`
`representatives of Amkor and Avnet to participate in the settlement conference by
`
`teleconference as needed, to the extent their interests cannot be represented by ADI. That
`
`motion is unopposed.
`
`Respondents submit that good cause exists to grant this motion. This dispute
`
`primarily concerns Knowles and ADI, competitors who have been engaged in patent
`
`litigation for many years. ADI is the primary respondent because it designs and
`
`engineers the accused microphones. Amkor is merely a contract manufacturer for ADI,
`
`and Avnet is merely a distributor of ADI’s products. Amkor and Avnet have granted
`
`ADI authority to represent them and, if the opportunity presents itself, settle on their
`
`behalf at the settlement conference. 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 ADI, they would be primarily passive observers.
`
`A proposed order granting the relief sought is annexed.
`
`* * *
`
`
`
`
`
`
`
`
`
`Dated: June 13, 2012
`
`By: /s/ Eric Hellerman
`
`Sturgis M. Sobin (ssobin@cov.com)
`Alexander D. Chinoy (achinoy@cov.com)
`Paul J. Wilson (pwilson@cov.com)
`David A. Garr (dgarr@cov.com)
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004-2401
`Telephone: (202) 662-6000
`Facsimile: (202) 662-6291
`
`
`Eric Hellerman (ehellerman@cov.com)
`COVINGTON & BURLING LLP
`The New York Times Building
`620 Eighth Avenue
`New York, N.Y. 10018-1405
`Telephone: (212) 841-1000
`Facsimile: (212) 841-1010
`
`John F. Rabena (jrabena@sughrue.com)
`Ryan M. Corbett (rcorbett@sughrue.com)
`SUGHRUE MION PLLC
`2100 Pennsylvania Avenue, N.W.
`Suite 800
`Washington, D.C. 20037
`Telephone: (202) 293-7060
`Facsimile: (202) 293-7860
`
`Counsel for Complainant Knowles
`Electronics, LLC
`
`
`
`
`By: /s/ Steven M. BauerT
`
`Sten Jensen (sjensen@orrick.com)
`Jordan L. Coyle (jcoyle@orrick.com)
`Orrick, Herrington & Sutcliffe, LLP
`1152 15th Street, NW
`Washington, DC 20005
`Telephone: (202) 339-8400
`Facsimile: (202) 339-8500
`
`Steven M. Bauer (sbauer@proskauer.com)
`Steven M. Kayman (skayman@proskauer.com)
`Colin G. Cabral (ccabral@proskauer.com)
`Sharada Devarasetty (sdevarasetty@proskauer.com)
`PROSKAUER ROSE, LLP
`One International Place
`Boston, Massachusetts 02110
`Telephone (617) 526-9600
`Facsimile (617) 526-9899
`
`Counsel for Respondents Analog Devices, Inc.,
`Amkor Technology Inc. and Avnet Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`
`
`Before the Honorable Thomas J. Pender
`Administrative Law Judge
`
`
`In The Matter Of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`Investigation No. 337-TA-825
`
`[PROPOSED] ORDER NO. 6: GRANTING JOINT MOTION TO MODIFY THE
`PROCEDURAL SCHEDULE TO EXTEND THE DEADLINE FOR THE SECOND
`SETTLEMENT CONFERENCE AND TO PERMIT RESPONDENTS AMKOR
`TECHNOLOGY, INC. AND AVNET, INC. TO PARTICIPATE BY
`TELECONFERENCE
`
`(June __, 2012)
`
`The parties in this Investigation have filed a joint motion to amend the Procedural
`
`Schedule in this Investigation established in Order No. 4 to extend the deadline to hold
`
`the Second Settlement Conference to June 26. 2012. This is the only date in the
`
`Procedural Schedule the parties wish to change, and the modified deadline that the parties
`
`are jointly seeking will not affect any other dates in the Procedural Schedule.
`
`
`
`Respondents Analog Devices, Inc., Amkor Technology, Inc. and Avnet, Inc. also
`
`move for permission to attend the Second Settlement Conference by teleconference as
`
`needed, to which Complainant Knowles Electronics, LLC does not oppose.
`
`Sufficient cause having been shown, the Joint Motion filed by Complainant
`
`Knowles Electronics, LLC and Respondents Analog Devices, Inc., Amkor Technologies,
`
`Inc., and Avnet, Inc., is hereby GRANTED. The deadline for the Second Settlement
`
`Conference is now June 26, 2012. The unopposed motion of Respondents for permission
`
`
`
`1
`
`
`
`for Respondents Amkor Technology, Inc. and Avnet, Inc. to attend the Second Settlement
`
`Conference by teleconference as needed also is hereby GRANTED.
`
`___________________________
` Thomas B. Pender
` Administrative Law Judge
`
`SO ORDERED.
`
`
`
`
`
`
`
`
`
`2
`
`
`
`In the Matter of Certain Silicon Microphone
`Packages and Products Containing Same
`
`
`
`CERTIFICATE OF SERVICE
`
`Inv. No.: 337-TA-825
`
`
`
`
`
`
`
`I, Melissa Sackin, certify that on June 13, 2012, copies of the foregoing JOINT
`MOTION OF COMPLAINANT KNOWLES ELECTRONICS, LLC AND
`RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC. AND
`AVNET, INC. TO AMEND PROCEDURAL SCHEDULE TO EXTEND DEADLINE FOR
`SECOND SETTLEMENT CONFERENCE, AND RESPONDENTS’ UNOPPOSED
`MOTION FOR PERMISSION FOR RESPONDENTS AMKOR TECHNOLOGY, INC.
`AND AVNET, INC. TO ATTEND BY TELECONFERENCE AND PROPOSED ORDER
`were delivered, pursuant to U. S. International Trade Commission regulations, to the following
`interested parties as indicated:
`
`Via EDIS and by hand delivery
`
`Two copies via overnight delivery and via
`email:
`gregory.moldafsky@usitc.gov
`
`Counsel for Respondents Analog Devices,
`Inc., Amkor Technology Inc. and Avnet Inc.
`
`Via email:
`Analog-825@orrick.com
`
`
`
`/s/ Melissa Sackin
`Melissa Sackin
`Senior IP Litigation Specialist
`COVINGTON & BURLING LLP
`1201 Pennsylvania Ave., NW
`Washington, DC 20004-2401
`msackin@cov.com
`202.662.6677
`
`The Honorable Lisa Barton
`Acting Secretary to the Commission
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, SW
`Washington, DC 20436
`
`The Honorable Thomas B. Pender
`Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, SW
`Washington, DC 20436
`
`Steven M. Bauer
`PROSKAUER ROSE LLP
`One International Place
`Boston, MA 02110
`
`Sten Jensen
`Jordan L. Coyle
`ORRICK, HERRINGTON & SUTCLIFFE, LLP
`1152 15th Street, NW
`Washington, DC 20005
`
`
`Certificate of Service Page 1 of 1
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