`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN MOBILE ELECTRONIC
`DEVICES AND LAPTOP COMPUTERS
`
` Inv. No. 337-TA-1215
`
`ORDER NO. 4:
`
`PROCEDURAL SCHEDULE
`
`(September 23, 2020)
`
`Pursuant to Order No. 4 (Aug. 25, 2020), the parties submitted a joint proposed
`
`procedural schedule, which was discussed during a teleconference on September 18, 2020. The
`
`investigation shall proceed in accordance with the deadlines set forth below:
`
`Event
`Proposed claim constructions1
`Deadline for first settlement conference
`Submit first joint settlement report
`File identification of expert witnesses
`Initial Markman briefs
`Rebuttal Markman briefs
`Markman Hearing
`File joint technology stipulation
`Fact discovery cut-off
`File prior art notice
`File tentative list of hearing witnesses
`Deadline to attend one-day mediation session
`
`Dates
`Tuesday, November 24, 2020
`Tuesday, December 1, 2020
`Tuesday, December 8, 2020
`Wednesday, December 16, 2020
`Tuesday, January 5, 2021
`Tuesday, January 19, 2021
`Tuesday, February 9, 2021
`Tuesday, February 9, 2021
`Thursday, February 11, 2021
`Friday, February 12, 2021
`Friday, February 12, 2021
`Friday, February 12, 2021
`
`1 The parties also agreed to exchange lists of terms to construe on Wednesday, November 11,
`2020.
`
`IPR2021-00400
`Apple EX1009 Page 1
`
`
`
`Event
`Deadline to file motions to compel fact discovery
`Exchange initial expert reports
`Submit joint report on mediation
`Exchange rebuttal expert reports
`Expert discovery cut-off
`Deadline to file motions for summary determination
`Exchange exhibit lists
`Deadline for second settlement conference
`Deadline for responses to MSDs
`Exchange direct exhibits
`File requests to waive sponsoring witness
`Exchange deposition designations to be offered as
`affirmative evidence
`Private parties submit second joint settlement report
`Exchange direct exhibits - Staff
`Exchange rebuttal exhibits
`Exchange deposition designations to be offered in lieu
`of cross-examination
`Prehearing brief - private parties
`Cutoff for de bene esse depos
`File motions in limine
`File high priority objections
`Prehearing brief - Staff
`File responses to motions in limine
`Submit exhibits electronically
`File responses to high priority objections
`Prehearing conference
`Hearing
`Final exhibit lists
`
`Dates
`Tuesday, February 16, 2021
`Thursday, February 18, 2021
`Friday, February 19, 2021
`Thursday, March 4, 2021
`Friday, March 19, 2021
`Monday, March 22, 2021
`Tuesday, March 30, 2021
`Thursday, April 1, 2021
`Thursday, April 1, 2021
`Tuesday, April 6, 2021
`Tuesday, April 6, 2021
`Tuesday, April 6, 2021
`
`Thursday, April 8, 2021
`Thursday, April 15, 2021
`Tuesday, April 20, 2021
`Monday, April 26, 2021
`
`Tuesday, April 27, 2021
`Friday, April 30, 2021
`Monday, May 3, 2021
`Monday, May 3, 2021
`Friday, May 7, 2021
`Monday, May 10, 2021
`Monday, May 10, 2021
`Friday, May 14, 2021
`Monday, May 24, 2021
`May 24-28, 2021
`Friday, June 11, 2021
`
`2
`
`IPR2021-00400
`Apple EX1009 Page 2
`
`
`
`Event
`
`Post-hearing briefs
`Post-hearing reply briefs
`Initial Determination
`Target date
`
`SO ORDERED.
`
`Dates
`Friday, June 11, 2021
`Friday, June 25, 2021
`Tuesday, August 24, 2021
`Friday, December 24, 2021
`
`_______________________________
`Dee Lord
`Administrative Law Judge
`
`3
`
`IPR2021-00400
`Apple EX1009 Page 3
`
`
`
`CERTAIN MOBILE ELECTRONIC DEVICES AND
`LAPTOP COMPUTERS
`
`Inv. No. 337-TA-1215
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served upon the
`Investigative Attorney, Lisa Murray, Esq., via EDIS, and
`Commission
`the
`following parties as indicated, on September 23, 2020.
`
`On Behalf of Complainant Maxell, Ltd.:
`
`Jamie B. Beaber, Esq.
`MAYER BROWN LLP
`1999 K Street, NW Washington, DC
`20006
`Email: jbeaber@mayerbrown.com
`
`On Behalf of Respondent Apple Inc.:
`
`Sean Cunningham, Esq.
`DLA Piper LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101
`Email: sean.cunningham@dlapiper.com
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`☐ 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: Service to Be
`Completed by Complainant
`
`IPR2021-00400
`Apple EX1009 Page 4
`
`
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