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Case: 22-1649 Document: 47 Page: 1 Filed: 02/01/2023
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`2022-1649
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`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`ZIRCON CORP.,
`Appellant,
`v.
`INTERNATIONAL TRADE COMMISSION,
`Appellee,
`STANLEY BLACK & DECKER, INC., BLACK &
`DECKER (U.S.) INC.
`Intervenors
`
`Appeal from the United States International Trade
`Commission in Investigation No. 337-TA-1221
`
`
`UNOPPOSED MOTION OF APPELLEE
`INTERNATIONAL TRADE COMMISSION
`TO SUBMIT SCHEDULING CONFLICTS OF ARGUING COUNSEL
`IN EXCESS OF 10 DAYS BECAUSE OF PARENTAL LEAVE
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`Pursuant to Federal Circuit Rule 27(a), Appellee U.S. International Trade
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`
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`Commission (“the Commission”) respectfully requests to submit scheduling
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`conflicts in excess of the ten-date limit provided in the Court’s Form 32.
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`

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`Case: 22-1649 Document: 47 Page: 2 Filed: 02/01/2023
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`Specifically, arguing counsel for the Commission requests to submit the following
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`eleven (11) scheduling conflict dates:
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`• June 5, 2023
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`• August 8, 2023
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`• September 5, 2023
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`• June 6, 2023
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`• August 9, 2023
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`• September 6, 2023
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`• June 7, 2023
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`• June 8, 2023
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`• June 9, 2023
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`• September 7, 2023
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`• September 8, 2023
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`The Commission notes that, of these dates, only nine (9) are unique to the
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`Commission. Intervenors in this appeal have also submitted scheduling conflicts
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`covering August 8, 2023, and August 9, 2023.
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`Good cause exists to grant this motion, as set forth more fully in the attached
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`declaration of Benjamin S. Richards. Arguing counsel for the Commission will be
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`on parental leave for the entirety of the Court’s June and September 2023 argument
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`sessions. Additionally, arguing counsel for the Commission will be out of the
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`Washington, DC area on a previously planned vacation July 29, 2023, through
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`August 7, 2023. Accordingly, the Commission requests that argument not be
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`scheduled on August 8, 2023, or August 9, 2023, to permit arguing counsel time to
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`prepare following two lengthy travel days.
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`The Commission has met and conferred with Appellants and Intervenors.
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`Neither opposes the Commission’s motion nor will file a response thereto.
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`2
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`Case: 22-1649 Document: 47 Page: 3 Filed: 02/01/2023
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`Accordingly, the Commission respectfully requests that the Court grant this motion
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`and permit the Commission to submit eleven scheduling conflict dates in response
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`to the Court’s Notice to Advise of Scheduling Conflicts.
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`Date: February 1, 2023
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`Respectfully submitted,
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`/s/ Benjamin S. Richards
`
`Benjamin S. Richards
` Attorney Advisor
`Office of the General Counsel
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, DC 20436
`Tel: (202) 708-5453
`Fax: (202) 205-3111
`benjamin.richards@usitc.gov
`
`
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`3
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`

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`Case: 22-1649 Document: 47 Page: 4 Filed: 02/01/2023
`
`2022-1649
`
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`ZIRCON CORP.,
`Appellant,
`v.
`INTERNATIONAL TRADE COMMISSION,
`Appellee,
`STANLEY BLACK & DECKER, INC., BLACK &
`DECKER (U.S.) INC.
`Intervenors
`
`Appeal from the United States International Trade
`Commission in Investigation No. 337-TA-1221
`
`DECLARATION OF BENJAMIN S. RICHARDS
`
`
`I, Benjamin S. Richards, declare as follows:
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`
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`1.
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`This declaration is made in connection with the motion of Appellee
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`International Trade Commission (“the Commission”) to submit scheduling
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`conflicts of arguing counsel in excess of 10 days.
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`

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`Case: 22-1649 Document: 47 Page: 5 Filed: 02/01/2023
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`2.
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`I am the Commission’s principal counsel in this appeal and will be
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`presenting oral argument for the Commission. I am the only attorney at the
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`Commission familiar with the underlying record of the investigation on appeal.
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`3.
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`The Commission requests to submit the following eleven (11)
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`scheduling conflict dates:
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`• June 5, 2023
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`• August 8, 2023
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`• September 5, 2023
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`• June 6, 2023
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`• August 9, 2023
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`• September 6, 2023
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`
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`• June 7, 2023
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`• June 8, 2023
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`• June 9, 2023
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`• September 7, 2023
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`• September 8, 2023
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`4.
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`Of these dates, only the June and September scheduling conflict dates
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`are unique to the Commission. Intervenors have also designated August 8, 2023,
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`and August 9, 2023, as scheduling conflict dates.
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`5.
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`Good cause exists to grant the Commission’s motion and permit it to
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`submit the above conflict dates, which exceed the 10-date limit imposed in Form
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`32 by one additional day.
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`6.
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`I will be on parental leave for the entirety of the Court’s June and
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`September 2023 argument sessions. Accordingly, the Commission is requesting
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`that the Court not schedule argument for any days during those sessions.
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`2
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`Case: 22-1649 Document: 47 Page: 6 Filed: 02/01/2023
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`7.
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`I will also be on vacation outside the Washington, DC area from July
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`29, 2023, through August 7, 2023. This vacation was planned before the Court
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`issued its Notice to Advise of Scheduling Conflicts in this case. August 6, 2023,
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`and August 7, 2023, will be travel days to return to the Washington, DC area.
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`Accordingly, the Commission is requesting that the Court not schedule argument
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`for August 8, 2023, or August 9, 2023, to permit me sufficient time to prepare for
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`an argument following two lengthy travel days.
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`8.
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`I contacted counsel for Appellants and Intervenors. Neither opposes
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`this motion and neither will file a response thereto.
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`Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the
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`foregoing is true and correct.
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`Executed on February 1, 2023
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`/s/ Benjamin S. Richards
`Benjamin S. Richards
`Office of the General Counsel
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, DC 20436
`(202) 708-5453
`Counsel for the U.S. International Trade Commission
`
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`3
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`

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`Case: 22-1649 Document: 47 Page: 7 Filed: 02/01/2023
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`
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`CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME
`LIMITATION, TYPEFACE, AND TYPE STYLE REQUIREMENTS
`Pursuant to Federal Rule of Appellate Procedure 32(g)(1), I hereby certify
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`that the attached motion complies with the type-volume limitation of Federal Rule
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`of Appellate Procedure 27(d)(2)(a) and the typeface and type style requirements of
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`Federal Rules of Appellate Procedure 32(a)(5) and 32(a)(6). The brief has been
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`prepared in a proportionally-spaced typeface using Microsoft Office 365, in Times
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`New Roman 14-point font. The motion contains a total of 285 words, obtained
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`from the word-count function of the word-processing system.
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`
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`Date: February 1, 2023
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`
`/s/ Benjamin S. Richards
`Benjamin S. Richards
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`

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`Case: 22-1649 Document: 47 Page: 8 Filed: 02/01/2023
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`
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`CERTIFICATE OF SERVICE
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`I, Benjamin S. Richards, hereby certify on this 1st day of February 2023 that
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`I filed the attached UNOPPOSED MOTION OF APPELLEE
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`INTERNATIONAL TRADE COMMISSION TO SUBMIT SCHEDULING
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`CONFLICTS OF ARGUING COUNSEL IN EXCESS OF 10 DAYS
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`BECAUSE OF PARENTAL LEAVE and the attached DECLARATION OF
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`BENJAMIN S. RICHARDS using this Court’s CM/ECF system. Service to
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`principal counsel of record will be accomplished via the Court’s CM/ECF system.
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`/s/ Benjamin S. Richards
`Benjamin S. Richards
`Attorney for Appellee
`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`Telephone: (202) 708-5453
`Fax: (202) 205-3111
`benjamin.richards@usitc.gov
`
`Counsel for Appellee
`International Trade Commission
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`

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