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`Washington, D.C.
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`
`
`In the Matter of
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`CERTAIN LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
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`ORDER NO. 21:
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`Inv. No. 337-TA-1347
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`
`GRANTING COMMISSION INVESTIGATIVE STAFF’S MOTION
`FOR LEAVE TO ADMIT MARKMAN EXHIBIT
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`(June 5, 2023)
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`
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`On May 23, 2023, the Commission Investigative Staff (“Staff”) moved (1347-008) for
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`leave to admit Exhibit 1 to their motion into the record for the Markman hearing. Staff certified
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`that Respondents did not oppose the motion. Mot. at 2. Complainants AGIS Software
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`Development LLC and Advanced Ground Information Systems, Inc. (“AGIS”) informed Staff that
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`“Complainants do not oppose to the extent the Motion to Admit is granted and the hearing
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`transcript that relates to JMX-0016 is admitted, then good cause exists to admit any evidence
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`Complainants cite in support of their May 23 briefing.” Id. No party filed any opposition or
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`response to Staff’s motion.
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`Exhibit 1 to Staff’s motion is a transcript from a hearing in the Eastern District of Texas
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`construing the disputed term “group.” Mot. Ex. 1. This hearing relates to the Eastern District of
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`Texas’s order construing the claim, JXM-0016, which is already in the Markman record. Staff
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`argues that this transcript only became relevant when a dispute arose on the eve of the May 16,
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`2023, Markman hearing. Mot. at 1. Staff argues that there is no prejudice to AGIS because it is a
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`transcript from a district court hearing where the same counsel representing AGIS argued for the
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`construction of “group,” and thus AGIS had knowledge of and access to the exhibit and could have
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`
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`relied upon the exhibit in support of its proposed construction. Staff also provided the exhibit
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`before AGIS and Respondents’ time to file supplemental briefing regarding the term “group.”
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`I grant Staff’s motion. Because the relevant dispute only became apparent on the eve of the
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`Markman hearing, Staff’s disclosure of this exhibit is not untimely. No party filed any opposition,
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`and the parties were not prejudiced because they had an opportunity to address and respond to
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`Staff’s new exhibit in their supplemental briefing on the term “group.”
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`SO ORDERED.
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