`WASHINGTON DC
`
`Before the Honorable Theodore R. Essex
`Administrative Law Judge
`
`Investigation No. 337-TA-982
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`In the Matter of
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`CERTAIN RF CAPABLE INTEGRATED
`CIRCUITS AND PRODUCTS CONTAINING
`THE SAME
`
`COMPLAINANT PARKERVISION, INC.’S MOTION TO TERMINATE THE
`INVESTIGATION BASED ON WITHDRAWAL OF THE COMPLAINT, REQUEST
`FOR IMMEDIATE SUSPENSION OF THE PROCEDURAL SCHEDULE,
`WAIVER OF GROUND RULE 3.2, AND EXPEDITED RULING
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`In light of the Administrative Law Judge’s rulings on the parties’ motions in limine,
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`which Complainant ParkerVision, Inc.’s counsel was only able to review on Friday and discuss
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`their impact with its client on Friday evening, ParkerVision respectfully moves pursuant to
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`Commission Rules 210.21(a) (1) and 210.15 and Ground Rule 3 to terminate the Investigation
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`based on withdrawal of the Complaint as to the remaining Respondents in this Investigation.
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`ParkerVision does not take this action lightly. It was—and remains—fully prepared to
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`try its case based on evidence produced and obtained from Respondents in this Investigation that
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`proves the accused products infringe the asserted claims of the ’528 patent. However, in light of
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`the ALJ’s recent rulings excluding material portions of its infringement evidence, ParkerVision
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`has determined that it can no longer proceed with its case-in-chief before the Commission, and
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`that at this point an administrative hearing would not be a justifiable or effective use of anyone’s
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`resources. Therefore, to preserve the resources of the Commission and of the parties, and in light
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`of the evidentiary hearing scheduled to begin on March 13, 2017, ParkerVision hereby
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`Investigation No. 337-TA-982
`COMPLAINANT PARKERVISION, INC.’S MOTION TO TERMINATE THE INVESTIGATION BASED ON
`WITHDRAWAL OF THE COMPLAINT, REQUEST FOR IMMEDIATE SUSPENSION OF THE
`PROCEDURAL SCHEDULE, WAIVER OF GROUND RULE 3.2, AND EXPEDITED RULING
`
`TCL & Hisense
`Ex. 1020
`Page 1
`
`
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`withdraws its complaint, and respectfully requests that the procedural schedule be suspended and
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`the Investigation be terminated immediately. Given that ParkerVision did not receive Order 26
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`until Friday, March 10, 2017, ParkerVision also requests a waiver of the two day notice rule of
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`Ground Rule 3.2 and an expedited ruling.
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`The private parties and Staff have agreed that in light of this motion, no evidence will be
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`presented at the hearing on Monday, March 13, 2017. ParkerVision represents that there are no
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`agreements, written or oral, express or implied, between ParkerVision and other parties
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`concerning the subject matter of the Investigation.
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`ParkerVision also certifies that it contacted all Respondents and the Staff on March 11,
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`2017 for their positions on this motion, and has made reasonable, good-faith efforts to resolve
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`the matter with Respondents and Staff prior to filing this Motion. Staff and Respondents
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`indicated they waive the two-day notice requirement of Ground Rule 3.2, and will take a position
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`on the remaining issues after reviewing the motion papers.
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`Date: March 12, 2017
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`Respectfully submitted,
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`/s/ Michael T. Renaud
`Michael T. Renaud
`James M. Wodarski
`Michael J. McNamara
`Michael C. Newman
`Kristina R. Cary
`Daniel B. Weinger
`Patrick T. Driscoll
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO, P.C.
`One Financial Center
`Boston, MA 02111
`Tel: 617-542-6000
`Fax: 617-542-2241
`
`Investigation No. 337-TA-982
`COMPLAINANT PARKERVISION, INC.’S MOTION TO TERMINATE THE INVESTIGATION BASED ON
`WITHDRAWAL OF THE COMPLAINT, REQUEST FOR IMMEDIATE SUSPENSION OF THE
`PROCEDURAL SCHEDULE, WAIVER OF GROUND RULE 3.2, AND EXPEDITED RULING
`2
`
`TCL & Hisense
`Ex. 1020
`Page 2
`
`
`
`Aarti Shah
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO, P.C.
`701 Pennsylvania Ave. NW
`Suite 900
`Washington, DC 20004
`Tel: 202-434-7300
`Fax: 202-434-7400
`Email: ParkerVisionITC@mintz.com
`
`Counsel for Complainant
`ParkerVision, Inc.
`
`Investigation No. 337-TA-982
`COMPLAINANT PARKERVISION, INC.’S MOTION TO TERMINATE THE INVESTIGATION BASED ON
`WITHDRAWAL OF THE COMPLAINT, REQUEST FOR IMMEDIATE SUSPENSION OF THE
`PROCEDURAL SCHEDULE, WAIVER OF GROUND RULE 3.2, AND EXPEDITED RULING
`3
`
`TCL & Hisense
`Ex. 1020
`Page 3
`
`
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