`
`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
`
`ORDER NO. 9:
`
`
`SETTING THE PROCEDURAL SCHEDULE
`
`(February 2, 2023)
`
`
`Inv. No. 337-TA-1347
`
`
`
`
`
`On January 27, 2023, the parties submitted a proposed procedural schedule pursuant to
`
`Order No. 4. The proposed schedule was discussed at a preliminary conference held on January
`
`30, 2023. On February 1, 2023, the parties submitted a revised proposed procedural schedule. This
`
`investigation shall be conducted in accordance with the following schedule:
`
`Event
`Preliminary Conference
`Exchange list of claim terms to be
`construed
`Exchange proposed constructions for all
`terms on all lists
`Complainants file list of products they
`plan to rely upon to satisfy the domestic
`industry requirement
`Meet and confer to discuss and limit
`number of disputed claim terms
`File identification of expert witnesses,
`including their expertise and curriculum
`vitae
`Exchange of initial expert reports on
`claim construction issues
`Exchange of rebuttal expert reports on
`claim construction issues
`File tentative lists of witnesses a party
`will call to testify at the hearing, with an
`identification of each witness’
`relationship to the party
`
`Proposed Deadline
`Monday, January 30, 2023
`Tuesday, February 28, 2023
`
`Tuesday, March 7, 2023
`
`Tuesday, March 7, 2023
`
`Tuesday, March 14, 2023
`
`Friday, March 17, 2023
`
`Thursday, March 30, 2023
`
`Tuesday, April 11, 2023
`
`Tuesday, April 18, 2023
`
`
`
`Event
`File opening claim construction briefs
`File notice of prior art
`File responsive claim construction briefs
`Markman Claim Construction Hearing
`Deadline for responses to contention
`interrogatories on issues for which the
`responding party bears the burden of
`proof, and on public interest
`Submit proposed claim construction chart
`incorporating any revisions to date
`Deadline for responses to contention
`interrogatories on issues for which the
`responding party does not bear the
`burden of proof
`Fact discovery cut-off and completion
`Deadlines for motions to compel fact
`discovery
`File joint statement identifying accused
`products
`Exchange initial expert reports (identify
`tests/surveys/data)
`Exchange rebuttal expert reports
`Expert discovery cut-off and completion
`Deadline for filing summary
`determination motions
`Deadline for motions to compel expert
`discovery
`Exchange of exhibit lists among the
`parties
`Complainants and respondents serve
`proposed direct exhibits (including
`witness statements) and identify physical
`exhibits
`Commission Investigative Attorney
`serves proposed direct exhibits (including
`witness statements) and identifies
`physical exhibits
`File joint stipulation regarding
`representative accused products and
`domestic industry products
`Serve proposed rebuttal exhibits
`(including witness statements) and
`identify rebuttal physical exhibits
`
`Proposed Deadline
`Tuesday, April 25, 2023
`Friday, April 28, 2023
`Tuesday, May 9, 2023
`Tuesday, May 16, 2023 at 9:00 a.m.
`
`Tuesday, May 23, 2023
`
`Wednesday, May 24, 2023
`
`Tuesday, June 6, 2023
`
`Friday, June 30, 2023
`Friday, July 7, 2023
`
`Tuesday, July 11, 2023
`
`Wednesday, July 19, 2023
`Friday, August 4, 2023
`Tuesday, August 22, 2023
`Thursday, August 24, 2023
`
`Tuesday, August 29, 2023
`
`Thursday, August 31, 2023
`
`Friday, September 8, 2023
`
`Wednesday, September 13, 2023
`
`Wednesday September 13, 2023
`
`Friday, September 22, 2023
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`
`
`- 2 -
`
`
`
`Event
`Deadline for one-day mediation session
`Submit joint report on mediation
`Complainants and respondents file pre-
`trial statements and briefs
`File joint list of unopposed exhibits
`Submit witness statements (and exhibits
`cited therein) to Box
`Deadline for motions in limine
`Commission Investigative Attorney files
`pre-trial statement and brief
`Deadline for responses to motions in
`limine
`Prehearing Conference
`
`Evidentiary Hearing
`
`File identification of undisputed claim
`limitations (see Ground Rule 14.1)
`
`Proposed Deadline
`Monday, September 25, 2023
`Wednesday, September 27, 2023
`Friday, September 29, 2023
`Tuesday, October 3, 2023
`Wednesday, October 4, 2023
`Tuesday, October 10, 2023
`Wednesday, October 11, 2023
`
`Monday, October 16, 2023
`Monday, October 23, 2023 at 9:00 a.m.
`Monday, October 23, 2023 – Friday, October
`27, 2023
`
`Thursday, November 2, 2023
`
`File final exhibit list
`
`Friday, November 3, 2023
`
`Complainants and respondents file post-
`hearing initial briefs
`Commission Investigative Attorney files
`post-hearing initial brief
`Complainants and respondents file post-
`hearing responsive briefs
`Commission Investigative Attorney files
`post-hearing responsive brief
`Final initial determination on violation
`Target date for completion of
`investigation (19-month target date)
`
`
`
`
`
`
`
`SO ORDERED.
`
`
`Tuesday, November 14, 2023
`
`Tuesday, November 21, 2023
`
`Tuesday, December 5, 2023
`
`Tuesday, December 5, 2023
`Friday, March 29, 2024
`Tuesday, July 30, 2024
`
`
`
`- 3 -
`
`
`
`
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