UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN LTE- AND 3G-COMPLIANT
`CELLULAR COMMUNICATIONS
`DEVICES
`
`Inv. No. 337-TA-1138
`
`ORDER NO. 7:
`
`SETTING THE PROCEDURAL SCHEDULE
`
`(November 6, 2018)
`
`On October 31, 2018, Complainant INVT SPE LLC ("INVT" or "Complainant"),
`
`Respondents Apple Inc. ("Apple"), HTC Corporation, HTC America, Inc. (collectively,
`
`"HTC"), ZTE Corporation, and ZTE (USA), Inc. (collectively, "ZTE") (collectively
`
`"Respondents," and with INVT, "the Private Parties"), and the Office of Unfair Import
`
`Investigations ("Staff, and with INVT and Respondents, "the Parties"), filed a Joint
`
`Proposed Procedural Schedule ("Proposed Schedule"). (Doc. ID No. 660499; Proposed
`
`Schedule at 1.). Having considered the Parties' Proposed Schedule, the Procedural
`
`Schedule attached hereto as Appendix A is adopted.
`
`SO ORDERED.
`
`Joan McNamara
`Administrative Law Judge
`
`Page 1 of!
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 1
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN LTE- AND 3G-COMPLIANT
`CELLULAR COMMUNICATIONS
`DEVICES
`
`Inv. No. 337-TA-1138
`
`ORDER NO. 7:
`
`SETTING THE PROCEDURAL SCHEDULE
`
`(November 6, 2018)
`
`On October 31, 2018, Complainant INVT SPE LLC ("INVT" or "Complainant"),
`
`Respondents Apple Inc. ("Apple"), HTC Corporation, HTC America, Inc. (collectively,
`
`"HTC"), ZTE Corporation, and ZTE (USA), Inc. (collectively, "ZTE") (collectively
`
`"Respondents," and with INVT, "the Private Parties"), and the Office of Unfair Import
`
`Investigations ("Staff, and with INVT and Respondents, "the Parties"), filed a Joint
`
`Proposed Procedural Schedule ("Proposed Schedule"). (Doc. ID No. 660499; Proposed
`
`Schedule at 1.). Having considered the Parties' Proposed Schedule, the Procedural
`
`Schedule attached hereto as Appendix A is adopted.
`
`SO ORDERED.
`
`Joan McNamara
`Administrative Law Judge
`
`Page 1 of!
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 1
`
`
`
`APPENDIX A
`
`Inv. N0. 337-TA-1138
`
`PROCEDURAL/SCHEDULE
`
`Parties file a joint proposed procedural schedule and
`identify USPTO/PTO proceedings as well as state and
`federal litigation that is relevant to this Investigation
`
`October 31, 2018
`
`
`
`Deadline for Complainant’s objections and responses to
`Respondents’ first set of interrogatories and request for
`production
`
`Deadline for Respondents’ objections and responses to
`Complainant’s first set of interrogatories and requests for
`production
`
`Deadline for propounding first set of interrogatories
`
`Deadline for propounding first request for production of
`documents
`.
`
`Deadline for propounding initial contention interrogatories
`
`November 5, 2018
`'
`
`November 5, 2018
`
`November 30, 2018
`(already completed by
`private parties)
`
`November 30, 2018
`(already completed by
`private parties)
`
`November 30, 2018
`(already completed by
`private parties)
`
`Identification of expert witnesses, including their expertise
`and curriculum vitae
`
`November 27, 2018
`
`‘-
`
`Complainant files notice of patent priority dates/dates of
`_ conception
`'
`
`1
`
`November 20, 2018 7
`
`Parties exchange list of patent claim terms for construction
`
`November 28, 2018
`
`Deadline for disclosure of Domestic Industry Products (see
`G.R. 1.13)
`
`November 30, 2018
`
`_
`
`Deadline for initial contention interrogatory responses on
`which a party has the burden of proof (except for
`
`December 19, 2018
`
`Page 1 of 5 ‘
`
`‘
`
`|PR2018-01556
`HTC v. INVT
`
`INVT Exhibit 2003 - Page 2
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 2
`
`
`
`
`
`infringement and invalidity)
`
`December 7, 2018
`Respondents file notice of prior art
`
`January 4, 2019
`Deadline for disclosure of invalidity contentions
`
`January 4, 2019
`Deadline for disclosure of infringement contentions
`
`January 4, 2019
`Deadline for disclosure of domestic industry contentions
`
`Complainant and Respondents provide each other and Staff
`with their proposed construction of disputed claim terms
`
`
`December 12, 2018
`
`
`
`Staff provides private parties with its proposed construction
`of disputed claim terms
`
`
`December 17, 2018
`
`Deadline for first settlement conference
`
`On or before November
`
`3 0, 201 8
`
`h
`
`File tentative list of witnesses a party will call to testify at
`the evidentiary hearing, with an identification of each
`
`witness’s relationship to the party
`
`January 16, 2019
`
`Parties meet and confer to attempt to limit terms and claim
`
`term disputes
`
`December 19, 2018
`
`Deadline for substantial completion of document (paper
`and electronic) discovery by Complainant and Respondents
`
`1-
`
`December 20, 2018
`
`December 6, 2018
`Submit first settlement conference joint report
`
`
`
`
`
`Parties to exchange proposed Markman exhibit lists and ‘
`exhibits (except for expert declarations and demonstratives)
`(per GR. 1.14.3.1)
`
`
`December 17, 2018
`
`December 21, 2018
`File joint claim construction chart
`
`
`
`
`
`Deadline for responses to all contention interrogatories on
`which a party does not bear the burden of proof, except for
`those related to infringement, invalidity, and domestic
`industry
`
`
`December 28, 2018
`
`Deadline for responSes to infringement, invalidity, and
`domestic industry contention interrogatories on which a
`
`party does not bear the burden of proof
`
`
`January 15,2019
`
`
`
`Private parties file a joint list showing each party’s
`proposed construction of disputed claim terms, with initial
`
`
`January 11,2019
`
`Page 2 of 5
`
`|PR2018-01556
`
`HTC v. INVT
`
`INVT Exhibit 2003 - Page 3
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 3
`
`
`
`
`
`claim constructionbriefs by private parties explaining their
`initial claim constructions and expert declarations (if
`
`
`applicable)
`LStafffiles initial claim construction brief
`
`
`
`January 16, 2019
`
`Deadline to file Markman hearing proposals (including
`January 11, 2019
`
`final proposed Markman exhibit lists)
`flames file reply claim construction briefs
`January 18, 2019
`
`Last day to file motions to compel discovery
`January 22, 2019
`Fact discovery cutoffand completion
`January 22, 2019
`
`I
`’
`
`’
`‘
`
`
`
`Exchangeofinitialexpertreports(identifytests/surveys/
`January25,2019‘4
`
`
`
`
`
`IF
`
`data)
`
`
`
`Technology stipulation deadline January 22, 2019
`
`Submission of statements regarding the use of witness
`statements in lieu of live direct testimony, and statements
`regarding whether any party intends to offer expert reports
`into evidence
`
`February 18, 2019
`
`
`
`Markman hearing (if ordered) (parties should provide
`thumb drive of tutorials if included in Markman hearing)
`
`
`February 25, 2019
`
`File joint chart setting forth parties’ post-hearing claim
`
`constructions (per G.R. 1.14)
`I.—
`
`' March 5, 2019
`
`Exchange of rebuttal expert reports
`February 20, 2019
`
`
`Last day to file summary determination 'motionsl
`March 1, 2019
`
`1.
`
`Parties exchange hearing exhibit lists
`March 8, 2019
`
`
`Expert discovery cutoff and completion
`I
`March 7, 2019
`
`
`Second settlement conference
`
`1
`
`Submit and serve direct exhibits (including witness
`
`statements if appropriate), with physical and demonstrative
`
`[—
`
`On or before
`
`February 27, 2019
`
`March 13, 2019
`
`J
`
`1 Commission Rule 210.18 requires at least 60 days between summary determination motions and the
`evidentiary hearing.
`
`Page 3 of 5
`
`|PR2018-01556
`HTC v. INVT
`
`INVT Exhibit 2003 - Page 4
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 4
`
`
`
`
`
`
`
`exhibits available — Complainant and Respondents
`
`
`
`File requests for receipt of evidence without a witness ‘ March 15, 2019,
`
`Submit and serve direct exhibits (including witness
`statements if appropriate), with physical and demonstrative
`exhibits available — Staff
`
`March 15, 2019
`
`Submit and service rebuttal exhibits (including witness
`statements), with rebuttal physical and demonstrative
`exhibits
`
`Complainant and Respondents file pre—hearing statements
`and briefs (briefs should contain no more than 100 pages of
`text, each side, unless there is no identify of interests, or
`
`March 22, 2019
`’
`
`, April 8, 2019
`
`Staff files pre-hearing statement and brief (brief no more
`
`April 15, 2019
`
`ljhan 100pagesoftext)
`
`April 17, 2019
`Parties file joint outline of issues/contentions from pre—
`hearing briefing (per G.R. 7.3)
`
`Submissions of declarations justifying confidentiality of
`exhibits
`
`
`April 17, 2019
`
`Attendance at one—day mediation session2
`
`On or before
`April 17, 2019
`
`Submission of Mediation Report
`
`/
`
`different interests)
`
`
`I-
`
`
`(Within 7 days of
`mediation)
`April 19, 2019
`
`April 15, 2019
`
`Last day to file motions in limine
`
`fl
`
`
`
`Last day to file high priority objections
`April 15, 2019
`File responses to motions in limine
`+ April 22, 2019
`File responses to high priority objections
`"
`d
`April 22, 2019
`
`
`Prehearing conference (location TBA)
`May 15, 2019
`
`
`
`9:30 am, May 15-17,
`Evidentiary hearing (starting with tutorials, as parties
`20-21, 2019
`propose) (location TBA)
`’
`
`
`2 For any questions regarding the mediation program, the Parties should refer to the Revised Users’
`Manual for Commission Mediation Program, available at http://www.usitc.gov.
`
`Page 4 of 5
`
`|PR2018-01556
`HTC v. INVT
`
`.
`
`INVT Exhibit 2003 - Page 5
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 5
`
`
`
`
`
`Last day to submit final exhibits, by appointment. All
`exhibits should be properly labeled (follow G.Rs.)
`
`No more than four (4)
`business days after
`hearing
`' May 28, 2019
`
`
`,
`
`'
`
`Complainants and Respondents file initial post—hearing
`briefs (only on issues for which the party bears the burden
`of proof, per Order No. 2 at 4) and final exhibit lists (briefs
`no more than 75 pages of text)
`
`June 7, 2019
`
`Staff files initial post-hearing brief and final exhibit list
`(brief no more than 75 pages of text)
`
`
`June 14, 2019
`
`Submit final JOINT direct and rebuttal exhibits (via flash
`June 7, 2019
`
`drive)
`
`Complainants and Respondents file reply post—hearing
`briefs (only on issues discussed in the initial post-hearing
`brief of an opposing party, per Order No. 2 at 4) (briefs no
`more than 50 pages of text)
`
`June 21, 2019
`
`June 26, 2019 ‘
`Staff files reply post-hearing brief (brief no more than 50
`pages of text)
`
`
`
` 7.3)
`
`Parties file outline of issues, tracing arguments/contentions
`from pre—hearing through post-hearing reply briefs (include
`contentions/arguments that have been dropped, per G.R.
`
`June 28, 2019
`
`‘
`November 19, 2019
`Final ID due
`
`
`Target date ’ March 19, 2020
`
`Page 5 of 5
`
`|PR2018-01556
`
`. HTC v. INVT
`INVT Exhibit 2003- Page 6
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 6
`
`
`
`CERTAIN LTE- AND 3G-COMPLIANT CELLULAR
`COMMUNICATIONS DEVICES
`
`Inv. N0. 337-TA—1138
`
`'
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I Lisa R Barton, hereby certifythat the attached ORDER has been served by hand upon the
`Commission Investigative Attorney, Reginald Lucas, Esq.., and to the following parties as
`indicated, on November 6, 2018.
`
`
`
`Lisa R. Barton, ' ecretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112
`
`Washington, DC 20436
`
`On Behalf of Complainant INVT SPE LLC:
`
`Bryan J. Vogel, Esq.
`§9ngNi KAIA LANSL'ItP 3600
`211‘
`Venue,
`111 e
`New York, NY 10022
`
`C] Via Hand Delivery
`[:1 Via Express Delivery
`[3‘ v' F t C
`'
`D 01:61,er
`lass Mall
`
`On Behalf of Respondent Apple Inc.:
`
`Robert A. Appleby, PC.
`KIRKLAND & ELLIS LLP
`601 Lexmgton Avenue
`New York, NY 10022
`
`I
`
`_
`
`2
`
`0
`
`Cl Via Hand Delivery
`Cl Via Express Delivery
`MVia First Class Mail
`[:1 Other'
`
`on Behalf of Respondents HTC Corporation and HTC
`America, Inc.:
`
`,
`Stephen S. Korniczky, Esq.
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`12275 El Camino Real,'Suite 200
`San Diego, CA 92130
`
`[:1 Via Hand Delivery
`[3 Via Express Delivery
`“Q’Via First Class Mail
`El Other‘
`
`On Behalf of Respondents ZTE Corporation and ZTE (USAI
`
`Inc.:
`
`'
`Jay H. Reiziss, Esq.
`MCDERMOTT WILL & EMERY LLP
`500 North Capitol Street, NW
`Washington, DC 20001
`
`L__| Via Hand Delivery
`1:] Via Express Delivery
`1367161 First Class Mail
`D Other:
`
`|PR2018-01556
`
`HTC v. INVT
`INVT Exhibit‘zoos - Page 7
`
`IPR2018-01556
`HTC v. INVT
`INVT Exhibit 2003 - Page 7
`
`
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