`-
`WASHINGTON, DC
`
`In The Matter Of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`337-TA-825
`
`ORDER NO. 12: DENYING COMPLAINANT’S MOTION IN LHVIINETO EXCLUDE
`TESTHVIONYOF DR. MICHAEL G. PECHT
`(September 20, 2012)
`
`On September 7, 2012, Complainant Knowles filed a motion to preclude Respondents’
`
`designated technical expert witness, Dr. Michael G. Pecht (“Dr. Pecht”), from offering opinion
`
`expert testimony at trial relating to economic, sales or marketing matters as these areas are
`
`outside the scope of his expertise. (Motion Docket No. 825-14.) On September 13, 2012,
`
`Respondents filed a response opposing the motion and withdrawing responses to Questions 769
`
`and 787-792 of Dr. Pecht’s direct witness statement (RX-720C).
`
`Knowles asserts Dr. Pecht is not qualified to offer opinions regarding economics, sales,
`
`or marketing and his opinions are unreliable under Fed. R. Evid. 702, as well as the principles set
`
`forth in Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993) and its progeny. Dr. Pecht has
`
`“over thirty years of experience in the area of electronics packaging, printed circuit board
`
`assembly, surface mount technology, and electronic products and systems development.” (RX
`
`0720C at Q/A 5.) In addition, Dr. Pecht has “authored over twenty books and over five hundred
`
`articles on electronic product development, use, and supply chain management, including books
`
`on electronic packaging.” (RX-0720C at Q/A 9.) The fact that Dr. Pecht may not have specific
`
`relevant experience is an issue that goes to the weight to be assigned his testimony rather than its
`
`admissibility. Knowles may address Dr. Pecht’s qualifications, or lack thereof, through cross
`
`examination.
`
`1
`
`
`
`For the forgoing reasons Motion Docket No. 825-14 is DENIED. Respondents have
`
`voluntarily withdrawn questions 769 and 787-792 of RX-720C and as such the present motion is
`
`now moot with regard to those questions.
`
`SO ORDERED
`
`~%¢.,££,4» ~
`
`Thomas B. Pender
`Administrative Law Judge
`
`
`
`IN THE MATTER OF CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS CONTAINING SAME
`
`337-TA-825
`
`CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached PUBLIC ORDER NO. 12 has been served
`upon the follovfing parties via first class mail and air mail where necessary on
`_
`_SEP21
`2012
`_
`
`.i./’"" “Q“
`-'-“LfiaR./§m0 i'
`
`-éfmf CZ»
`
`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
`
`and Delivery
`)Vi
`(
`ia Overnight Mail
`(
`)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
`
`and Delivery
`)Vi
`(
`( ()7&Jgven1ig11t Mail
`(
`)Via First Class Mail
`
`()Other:i
`
`PUBLIC MAILING LIST
`
`Heather Hall
`LEXIS - NEXIS
`9443 Springboro Pike
`Miamisburg, OH 45342
`
`Kemieth Clair
`THOMSON WEST
`1100 —13"‘ Street NW
`Suite 200
`Washington, DC 20005
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`( Lyrlfi First Class Mail
`
`()Other:?
`
`)Via Hand Delivery
`(
`)
`'a Overnight Mail
`(
`( ixia First Class M ail
`(
`)Other:
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