THE UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`Before The Honorable Thomas B. 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. FOR LEAVE TO SUBMIT
`EXHIBITS WITHOUT SPONSORING WITNESSES
`
`Pursuant to Commission Rule 210.37 and Ground Rule 12.5 in this Investigation, all
`
`parties to this Investigation jointly move for an exception to Ground Rule 12.5 permitting
`
`certain exhibits to be entered into evidence in this investigation without the testimony of a
`
`sponsoring witness.
`
`Commission Rule 210.37 provides that “relevant, material, and reliable evidence shall be
`
`admitted” into the record. 19 C.F.R. § 210.37. Under Ground Rule 12.5, “[i]f all of the parties
`
`participating in the hearing stipulate, an exception may be granted to the rule and an exhibit
`
`may be admitted into evidence without the testimony of a sponsoring witness.” Thus, if the
`
`parties stipulate, and the proposed evidence is relevant, material, reliable, and noncontroversial,
`
`it is appropriate to receive such exhibits into evidence without a sponsoring witness.
`
`
`Washington, D.C.
`
`Before The Honorable Thomas B. 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. FOR LEAVE TO SUBMIT
`EXHIBITS WITHOUT SPONSORING WITNESSES
`
`Pursuant to Commission Rule 210.37 and Ground Rule 12.5 in this Investigation, all
`
`parties to this Investigation jointly move for an exception to Ground Rule 12.5 permitting
`
`certain exhibits to be entered into evidence in this investigation without the testimony of a
`
`sponsoring witness.
`
`Commission Rule 210.37 provides that “relevant, material, and reliable evidence shall be
`
`admitted” into the record. 19 C.F.R. § 210.37. Under Ground Rule 12.5, “[i]f all of the parties
`
`participating in the hearing stipulate, an exception may be granted to the rule and an exhibit
`
`may be admitted into evidence without the testimony of a sponsoring witness.” Thus, if the
`
`parties stipulate, and the proposed evidence is relevant, material, reliable, and noncontroversial,
`
`it is appropriate to receive such exhibits into evidence without a sponsoring witness.
`
`
`
`On August 8 and 9, 2012, the parties conferred regarding the submission of this motion.
`
`All parties have stipulated and agreed to submission of these exhibits without sponsoring
`
`witnesses.1
`
`Good cause exists to grant the instant motion, as the foundation for the proffered exhibits
`
`is clear and there is no risk of the exhibits coming into the record without explanation regarding
`
`their purpose. See, e.g., In the Matter of Certain Computing Devices with Associated
`
`Instruction Sets and Software, Inv. No. 337-TA-812, Order No. 15 (July 30, 2012).2
`
`Specifically, the parties seek to enter the following categories of exhibits by stipulation:
`
`1) Certified copies of the patents in suit:
`
`a.
`
`JX-001: Certified Copy of U.S. Patent No. 8,018,049: Silicon Condenser
`
`Microphone and Manufacturing Method, bearing Bates No. KE-825ITC-
`
`00220895 through KE-825ITC-00220924.
`
`b. JX-002: Certified Copy of United States Patent No.: 7,439,616, bearing
`
`Bates No. KE-825ITC-00220871 through KE-825ITC-00220894.
`
`2) Certified copies of the file histories for the patents in suit:
`
`a.
`
`JX-003: Certified Copy of File History of U.S. Patent No. 8,018,049,
`
`bearing Bates No. KE-825ITC-00228141 through KE-825ITC-00230145
`
`1 The parties are also in the process of negotiating additional stipulations that may resolve certain
`additional evidentiary issues in the investigation. If such a stipulation is signed, the parties will
`respectfully seek leave at that time to submit any such stipulation and accompanying materials.
`2 Additionally, the parties are in the process of preparing, through the direct and rebuttal exhibit
`exchange process, deposition designations and counter designations for at least certain witnesses.
`The parties may ultimately submit such exhibits jointly, and to the extent permissible may
`respectfully seek leave to admit them without a sponsoring witness as well.
`
`2
`
`
`
`b. JX-004: Certified Copy of File History, U.S. Patent No. 7,439,616, as
`
`Transmitted to ITC on December 23, 2011, bearing Bates No. KE-
`
`825ITC-00220977 through KE-825ITC-00221371.
`
`3) The parties’ joint identification of claim terms and the parties’ proposed
`
`constructions:
`
`a.
`
`JX-005: Joint Identification of Claim Terms for Construction and
`
`Proposed Constructions, bearing Bates No. JX-005.001 through JX-
`
`005.005.
`
`4) A prior patent application for a patent ultimately related to the patents in suit:
`
`a.
`
`JX-006: United States Patent Application No. US 2002/0102004 A1,
`
`bearing Bates No. KE-825ITC-00220850 through KE-825ITC-00220870.
`
`The parties respectfully submit that admission of JX-1 through JX-4 and JX-6 is
`
`appropriate because all of these exhibits consist of materials on file with (or issued by) the U.S.
`
`Patent and Trademark Office, which are not controversial and which are of a type received by
`
`stipulation without a sponsor in past investigations. See Computing Devices, 337-TA-812, Order
`
`No. 15. In addition JX-005, the parties’ joint submission as to claim terms requiring
`
`construction, is appropriate for receipt into evidence without a sponsor to aid the Administrative
`
`Law Judge, as it has been signed by both parties and a foundation does not need to be
`
`established.
`
`Because the preceding exhibits bear upon virtually every issue being litigated in this
`
`investigation, their presence in the record is clear and benefits all parties to the investigation.
`
`Permitting their introduction now, without a sponsor, conserves time and resources at trial as
`
`they will be available for use from the first moment of the trial. As there are no risks of
`
`3
`
`
`
`prejudice associated with the admission of these exhibits without a sponsor, the parties
`
`respectfully request that their motion be granted.
`
`Dated: August 10, 2012
`
`Respectfully submitted,
`
`/s/ Alexander D. Chinoy _________
`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
`
`Counsel for Complainant Knowles
`Electronics, LLC
`
`/s/ _Jordan L. Coyle________
`
`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)
`Sharada Devarasetty
`
`4
`
`
`
`(sdevarasetty@proskauer.com)
`PROSKAUER ROSE LLP
`One International Place
`Boston, MA 02110
`Telephone: (617) 526-9600
`Facsimile: (617) 526-9899
`
`Steven M. Kayman (skayman@proskauer.com)
`Matthew J. Morris (mmorris@proskauer.com)
`PROSKAUER ROSE LLP
`11 Times Square
`New York, NY 10036
`Telephone: (212) 969-3000
`Facsimile: (212) 969-2900
`
`Counsel for Respondents Analog Devices, Inc.,
`Amkor Technology Inc. and Avnet Inc.
`
`5
`
`
`
`In the Matter of Certain Silicon Microphone
`Packages and Products Containing Same
`
`Inv. No.: 337-TA-825
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`I, Sonya Ohri, certify that on August 10, 2012, copies of the foregoing JOINT MOTION OF
`COMPLAINANT KNOWLES ELECTRONICS, LLC AND RESPONDENTS ANALOG DEVICES,
`INC., AMKOR TECHNOLOGY, INC., AND AVNET, INC. FOR LEAVE TO SUBMIT EXHIBITS
`WITHOUT SPONSORING WITNESSES were delivered, pursuant to U. S. International Trade
`Commission regulations, to the following interested parties as indicated:
`
`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
`
`Via EDIS and by overnight 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/ Sonya Ohri
`Sonya Ohri
`Senior IP Litigation Specialist
`COVINGTON & BURLING LLP
`1201 Pennsylvania Ave., NW
`Washington, DC 20004-2401
`sohri@cov.com
`202.662.6476
`
`Certificate of Service Page 1 of 1
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