1.
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
`
`In the Matter of
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`CERTAIN TOUCH-CONTROLLED
`MOBILE DEVICES, COMPUTERS, AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1162
`
`ORDER NO. 54
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`NOTICE AND ORDER REGARDING ALTERNATE HEARING
`PROCEDURES
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`(June 5, 2020)
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`Complainant Neodron Ltd. (“Neodron”) and all Respondents submitted their respective
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`proposals for alternate hearing procedures on May 29, 2020. The parties’ patience, flexibility, and
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`efforts at compromise are commendable and appreciated.
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`Although Commission investigations must be conducted expeditiously, as Neodron observes,
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`the Commission presently lacks the ability to safely hold evidentiary hearings, either in person or by
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`videoconference. The Commission is working on developing the ability to conduct evidentiary
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`hearings by videoconference, but it is impossible to say when or if that will occur.1 The evidentiary
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`hearing date will therefore remain undetermined until further notice.
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`Nonetheless, certain of the parties’ proposals can be implemented now, and are adopted as
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`modified below. Specifically, witness statements and written objections are acceptable, as is the
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`parties’ proposed limitation on the length of presentation (i.e., 16 hours per side including witness
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`statements, with a conversion factor of 8,000 written words per hour of live testimony). Taking into
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`1 Although the Commission may ultimately use Microsoft Teams as its videoconferencing platform,
`as the parties suggest, its use is not merely a matter of consent. Even if all parties and third parties
`consent to use of a particular platform, the Commission has an independent duty to ensure that CBI
`is adequately safeguarded.
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`Neodron Ltd.
`Exhibit 2002
`IPR2020-00779
`
`Page 1 of 5
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`account Respondents’ counsel’s trial and hearing schedule, therefore, the parties shall submit their
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`documents according to the following timeline:
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`1. Direct witness statements and associated demonstratives shall be exchanged and filed on
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`EDIS by Friday, June 26.
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`2. Rebuttal witness statements and associated demonstratives shall be exchanged and filed
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`on EDIS by Monday, July 21.
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`3. Objections of any nature shall be exchanged and filed on EDIS by Monday, July 28. The
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`objections shall be presented as a table, identifying the portion of the exhibit or witness
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`statement objected to, and describing the basis of the objection in no more than 10 words.
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`The table may also include a column identifying those objections considered high priority.
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`The method of resolving objections will be determined later; they may be resolved by, for example,
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`oral argument at the pretrial conference, or by telephone or video conference preceding the pretrial
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`conference. Also, if there is an extended delay in commencing the evidentiary hearing then I may
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`entertain requests to supplement or amend the filings discussed above.
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`Lastly, there is a possibility of conducting the evidentiary hearing without any real-time
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`participation by me at all. Deposition testimony may substitute for live testimony under certain
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`circumstances, including when a witness cannot travel to the U.S., when the parties agree to use of
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`deposition testimony, or when “exceptional circumstances” exist. 19 C.F.R. § 210.28(h)(3). And
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`depositions can, of course, be recorded by video, as well as conducted remotely by video.
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`So the parties may wish to consider conducting another round of videotaped depositions after
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`the submission of witness statements, where the deposition examination replicates what would
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`normally take place during the evidentiary hearing, and thus include cross-examination, redirect
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`examination, evidentiary objections, and so forth. I would then review each witness’ videotaped
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`testimony, as well as witness statements and other evidence, in drafting the final initial determination,
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`2
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`Neodron Ltd.
`Exhibit 2002
`IPR2020-00779
`
`Page 2 of 5
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`and I would rule on evidentiary objections as required. Such a procedure would have the advantage
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`of being fairly similar to an in-person hearing, including allowing me to evaluate witness demeanor,
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`while also providing flexibility in scheduling depositions and “posthearing” briefs.
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`SO ORDERED.
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`_____________________________
`Cameron Elliot
`Administrative Law Judge
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`3
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`Neodron Ltd.
`Exhibit 2002
`IPR2020-00779
`
`Page 3 of 5
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`CERTAIN TOUCH-CONTROLLED MOBILE DEVICES,
`COMPUTERS, AND COMPONENTS THEREOF
`
`Inv. No. 337-TA-1162
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached ORDER has been served upon
`the following parties as indicated, on 6/5/2020.
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`On Behalf of Complainant Neodron Ltd:
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`Asha Allam, Esq.
`ADDUCI, MASTRIANI & SCHAUMBERG, LLP
`1133 Connecticut Avenue, NW, 12th Floor
`Washington, DC 20036
`Email: allam@adduci.com
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`On Behalf of Respondent Amazon.com, Inc.:
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`Stefani E. Shanberg, Esq.
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, CA 94105
`Email: sshanberg@mofo.com
`On Behalf of Respondents Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.:
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`D. Sean Trainor, Esq.
`O’MELVENY & MYERS LLP
`1625 Eye Street, NW
`Washington, DC 20006
`Email: dstrainor@omm.com
`On Behalf of Respondents Lenovo Group Ltd., Lenovo (United
`States) Inc., and Motorola Mobility LLC:
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`Cecilia Sanabria, Esq.
`FINNEGAN, HENDERSON, FARABOW, GARRETT &
`DUNNER LLP
`901 New York Avenue,
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability to Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability to Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability to Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
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`Neodron Ltd.
`Exhibit 2002
`IPR2020-00779
`
`Page 4 of 5
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`Inv. No. 337-TA-1162
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`of Availability to Download
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`CERTAIN TOUCH-CONTROLLED MOBILE DEVICES,
`COMPUTERS, AND COMPONENTS THEREOF
`Certificate of Service – Page 2
`NW Washington, DC 20001
`Email: cecilia.sanabria@finnegan.com
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`On Behalf of Respondents HP Inc. and Microsoft Corporation:
`
`
`☐ Via Hand Delivery
`Sean C. Cunningham, Esq.
`DLA PIPER LLP
`☐ Via Express Delivery
`401 B Street, Suite 1700
`☐ Via First Class Mail
`San Diego, CA 92101
`☒ Other: Email Notification
`Email: sean.cunningham@dlapiper.com
`of Availability to Download
`On Behalf of Respondents Dell Inc. and Dell Products LP:
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`
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`Adam D. Swain, Esq.
`ALSTON & BIRD LLP
`950 F Street NW
`Washington, DC 20004
`Email: adam.swain@alston.com
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` ☐
`
` Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability to Download
`
`
`
`
`
`Neodron Ltd.
`Exhibit 2002
`IPR2020-00779
`
`Page 5 of 5
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