UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`
`
`
`
`
`In the Matter of
`
`CERTAIN ELECTRONIC DEVICES,
`INCLUDING STREAMING PLAYERS,
`TELEVISIONS, SET TOP BOXES,
`REMOTE CONTROLLERS, AND
`COMPONENTS THEREOF
`
`
`Inv. No. 337-TA-1200
`
`
`ORDER NO. 8:
`
`
`
`
`SETTING PROCEDURAL SCHEDULE
`
`(June 25, 2020)
`
`In accordance with the parties’ proposed procedural schedule, submitted in response to
`
`Order No. 7, I hereby adopt the Procedural Schedule set forth in Appendix A of the joint proposal
`
`(and attached to this Order) as the procedural schedule in this Investigation, with the date for the
`
`Notice of Prior Art being September 25, 2020. The due date for the final initial determination is
`
`set at Monday, May 24, 2021.
`
`The adopted schedule assumes that the Markman hearing will be held by videoconference,
`
`and the parties should prepare accordingly. However, if the Commission does not possess
`
`adequate videoconferencing capability by Monday, August 10, the Markman hearing will proceed
`
`telephonically. In the event of a telephonic Markman hearing, the parties should submit any visual
`
`aids or other materials they wish to refer to during the hearing to the assigned attorney-advisor no
`
`later than the start of the hearing.
`
`I am generally agreeable to combining the Markman hearing with oral argument on Roku’s
`
`contemplated motion for summary determination. However, if the parties wish oral argument on
`
`it, the motion must be filed no later than July 22, 2020, to provide adequate time to review the
`
`
`
`UEI Exhibit 2007, Page 1 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
`Washington, D.C.
`
`
`
`
`
`
`In the Matter of
`
`CERTAIN ELECTRONIC DEVICES,
`INCLUDING STREAMING PLAYERS,
`TELEVISIONS, SET TOP BOXES,
`REMOTE CONTROLLERS, AND
`COMPONENTS THEREOF
`
`
`Inv. No. 337-TA-1200
`
`
`ORDER NO. 8:
`
`
`
`
`SETTING PROCEDURAL SCHEDULE
`
`(June 25, 2020)
`
`In accordance with the parties’ proposed procedural schedule, submitted in response to
`
`Order No. 7, I hereby adopt the Procedural Schedule set forth in Appendix A of the joint proposal
`
`(and attached to this Order) as the procedural schedule in this Investigation, with the date for the
`
`Notice of Prior Art being September 25, 2020. The due date for the final initial determination is
`
`set at Monday, May 24, 2021.
`
`The adopted schedule assumes that the Markman hearing will be held by videoconference,
`
`and the parties should prepare accordingly. However, if the Commission does not possess
`
`adequate videoconferencing capability by Monday, August 10, the Markman hearing will proceed
`
`telephonically. In the event of a telephonic Markman hearing, the parties should submit any visual
`
`aids or other materials they wish to refer to during the hearing to the assigned attorney-advisor no
`
`later than the start of the hearing.
`
`I am generally agreeable to combining the Markman hearing with oral argument on Roku’s
`
`contemplated motion for summary determination. However, if the parties wish oral argument on
`
`it, the motion must be filed no later than July 22, 2020, to provide adequate time to review the
`
`
`
`UEI Exhibit 2007, Page 1 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
`
`moving papers, as well as the Markman briefs. I may determine that no oral argument is needed,
`
`and if so, I will promptly inform the parties.
`
`Lastly, although the schedule assumes that witness will testify in real time (that is, that
`
`witness statements will not be used), they may need to testify via videoconference. If this cannot
`
`be accomplished, the schedule may need to be modified to use witness statements in lieu of direct
`
`testimony. The need for witness statements, and for any other accommodations, will be evaluated
`
`on an ongoing basis.
`
`
`SO ORDERED.
`
`
`
`
`__________________________
`
`
`
`
`
`
`
` Cameron Elliot
` Administrative Law Judge
`
`
`
`UEI Exhibit 2007, Page 2 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
`
`EVENT
`File identification of expert
`witnesses, including their expertise
`and curriculum vitae
`Exchange list of claim terms to be
`construed
`Exchange of proposed claim
`constructions
`Initial deadline for responses to
`contention interrogatories on issues
`for which the responding party bears
`the burden of proof
`Meet and confer to discuss and limit
`number of disputed claim terms
`Initial Markman briefs
`
`Rebuttal Markman briefs
`File notice of prior art
`Submission of joint proposed claim
`construction chart
`Initial deadline for responses to
`contention interrogatories on issues
`for which the responding party does
`not bear the burden of proof
`File tentative list of witnesses a party
`will call to testify at the hearing,
`with an identification of each
`witness' relationship to the party
`Markman hearing
`Submission of updated joint
`proposed claim construction chart
`Cut-off date for supplements to
`contention interrogatories on issues
`for which the responding party bears
`the burden of proof
`
`APPENDIX A
`
`DEADLINE
`Friday, July 24, 2020
`
`Wednesday, July 1, 2020
`
`Wednesday, July 8, 2020
`
`Friday, July 10, 2020
`
`Monday, July 13, 2020
`
`Wednesday, July 22, 2020
`
`Wednesday, August 5, 2020
`Friday, September 25, 2020
`Monday, August 10, 2020
`
`Friday, August 14, 2020
`
`Tuesday, October 6, 2020
`
`
`
`Wednesday-Thursday, August 19-20, 2020
`Friday, August 28, 2020
`
`Friday, October 16, 2020
`
`
`
`UEI Exhibit 2007, Page 3 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
`
`EVENT
`Cut-off date for supplements 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
`Exchange of initial expert reports
`Exchange of rebuttal expert reports
`Expert discovery cut-off and
`completion
`Deadline for motions to compel
`expert discovery
`Deadline for filing motions for
`summary determination
`Exchange of exhibit lists among the
`parties
`Submit and serve direct exhibits,
`with physical exhibits available
`Submit and serve rebuttal exhibits,
`with rebuttal physical exhibits
`available
`File pre-trial statements and briefs
`Deadline to file motions in limine
`
`File responses to motions in limine
`Pre-trial conference
`Hearing
`
`File initial post-trial briefs and final
`exhibit lists
`File reply post-trial briefs
`Initial Determination
`Target date for completion of
`investigation
`
`DEADLINE
`Monday, November 2, 2020
`
`Friday, November 6, 2020
`
`Friday, November 13, 2020
`
`Wednesday, November 18, 2020
`Friday, December 4, 2020
`Monday, December 21, 2020
`
`Wednesday, December 30, 2020
`
`Wednesday, December 30, 2020
`
`Tuesday, January 12, 2021
`
`Tuesday, January 19, 2021
`
`Tuesday, January 26, 2021
`
`Wednesday, February 3, 2021
`Wednesday, February 10, 2021
`
`Wednesday, February 17, 2021
`Monday, March 1, 2021
`Monday–Friday, March 1-5, 2021
`
`Monday, March 22, 2021
`
`Wednesday, March 31, 2021
`Monday, May 24, 2021
`Wednesday, September 22, 2021
`
`
`
`
`
`UEI Exhibit 2007, Page 4 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
`
`CERTAIN ELECTRONIC DEVICES, INCLUDING
`STREAMING PLAYERS, TELEVISIONS, SET TOP
`BOXES, REMOTE CONTROLLERS, AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1200
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served upon
`the following parties as indicated, on June 25, 2020.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant Universal Electronics, Inc.:
`
`Adam D. Swain, Esq.
`ALSTON & BIRD LLP
`950 F Street NW
`Washington, DC 20004
`Email: Adam.Swain@alston.com
`
`On Behalf of Respondent Roku Inc.:
`
`Matthew J. Rizzolo, Esq.
`ROPES & GRAY LLP
`2099 Pennsylvania Avenue, NW
`Washington, DC 20006
`Email: matthew.rizzolo@ropesgray.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`On Behalf of Respondents Funai Electric Co., Ltd., Funai
`Corporation Inc., Funai (Thailand) Co., Ltd., Hisense Co.
`Ltd., Hisense Electronics Manufacturing Company of
`America Corporation d/b/a Hisense USA, Hisense Import &
`Export Co. Ltd, Qingdao Hisense Electric Co., Ltd., and
`Hisense International (HK) Co., Ltd.:
`
`Jordan L. Coyle, Esq.
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`Columbia Center
`1152 15th Street, NW
`Washington, DC 20005
`Email: jcoyle@orrick.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`UEI Exhibit 2007, Page 5 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
`
`CERTAIN ELECTRONIC DEVICES, INCLUDING
`STREAMING PLAYERS, TELEVISIONS, SET TOP
`BOXES, REMOTE CONTROLLERS, AND
`COMPONENTS THEREOF
`Certificate of Service – Page 2
`On Behalf of Respondents TCL Electronics Holdings Limited,
`f/k/a TCL Multimedia Holdings Limited, Shenzhen TCL New
`Technology Company Limited, TCL King Electrical
`Appliances (Huizhou) Company Limited, TTE Technology
`Inc. d/b/a/ TCL USA and TCL North America, TCL Corp.,
`TCL Moka, Int’l Ltd., TCL Overseas Marketing Ltd., TCL
`Industries Holdings Co., Ltd., and TCL Smart Device
`(Vietnam) Company, Ltd.
`
`John P. Schnurer, Esq.
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130
`Email: JSchnurer@perkinscoie.com
`
`
`Inv. No. 337-TA-1200
`
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`UEI Exhibit 2007, Page 6 of 6
`Roku, Inc. v. Universal Electronics, Inc., IPR2020-00952
`
`
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