`
`WASHINGTON, D.C.
`
`Before The Honorable Theodore R. Essex
`
`Administrative Law Judge
`
`
`
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`
`
`In the Matter of
`
`Investigation No. 337—TA-750
`
`UNOPPOSED MOTION FOR ONE WEEK EXTENSION FOR SUBMISSION OF
`WITNESS STATEMENT FROM THIRD-PARTY ATMEL
`
`In order to accommodate an unforeseen personal emergency and exigent circumstances
`
`involving counsel for third party Atmel Corporation, pursuant to Commission Rule 210.15 and
`
`Ground Rule 3, Third-Party Atmel Corporation (“Atmel”) and Respondent Motorola Mobility,
`
`Inc. (“Motorola”) respectfully move for a one week extension of the August 22, 2011 due date
`
`for submission of any witness statements fiom Third-Party Atmel to the extent that such
`
`statements are offered on issues on which Motorola bears the burden of proof Specifically,
`
`Atmel and Motorola seek to submit the witness statement of Samuel Brunet on August 29, 2011.
`
`Complainant Apple, Inc. (“Apple”) does not oppose this narrow request The Office of Unfair
`
`Import Investigations’ Staff Attorney has indicated that it does not oppose this motion.
`
`In light of Apple's consent to the foregoing modification of the schedule in this limited
`
`respect, Motorola has agreed to an equal one week extension of the deadline for Apple to file
`
`objections to the Brunet witness statement. Motorola also does object to Apple supplementing
`
`its prehearing brief, within a reasonable time afier receiving such witness statement, to address
`
`issues raised in the witness statement of Mr. Brunet.
`
`
`
`The proposed narrow modification to the Procedural Schedule arises solely due to
`
`unforeseen circumstances relating to a Third—Pa1ty and will not affect the pre-hearing conference
`
`or the hearing dates, which are currently scheduled for September 23, 2011 and September 26 —
`
`October 5, 2011, respectively.
`
`Pursuant to Ground Rule 3.2 the, the parties have made reasonable good faith efforts to
`
`resolve this matter. Apple and the Staff have indicated that they do not oppose this motion.
`
`Accordingly, and for good cause shown, Third-Party Atmel, and Respondent Motorola
`
`request that the presiding Administrative Law Judge issue an order permitting submission of the
`
`witness statement of Samuel Brunet on August 29, 2011.
`
`Dated: August 18, 2011
`
`Richard M. Birnholz
`Irell & Manella LLP
`
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Tel: (310) 277-1010
`
`Respectfully submitted,
`
`[7 /1
`
`
`Charles F. Schill
`
`Steptoe & Johnson LLP
`1330 Connecticut Avenue, N.W.
`Washington, DC 20036
`Tel.: (202) 429-8162
`
`Attorneys for Third Party
`Atmel Corporation
`
`Charles K. Verhoeven
`David Eiseman
`
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`
`Edward J. DeFranco
`
`Stephen T. Straub
`Quinn Emanuel Urquhart & Sullivan LLP
`5 1 Madison Avenue, 22nd Floor
`New York, NY 10010
`
`Tel.: (212) 849-7000
`
`
`
`David A. Nelson
`
`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison Street, Ste. 2450
`Chicago, IL 60661
`Te1.: (312) 705-7400
`
`Attorneys for Respondents Motorola
`Solutions, Inc. and Motorola Mobility, Inc.
`
`
`
`Certain Mobile Devices and Related Sofiware,
`Investigation No. 33 7-TA-750
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, on August 18, 2011, he caused an executed copy of the
`Unopposed Motion for One Week Extension For Submission of Witness Statement From
`Third-Party ATMEL to be served upon the parties as follows:
`
`The Honorable James Holbein
`
`Via First Class Mail
`
`Secretary
`U.S. International Trade Commission
`
`500 E Street, S.W.
`Washington, D.C. 20436
`
`The Honorable Theodore R. Essex
`
`Administrative Law Judge
`U.S. Intemational Trade Commission
`
`500 E Street, SW
`Washington, DC 20436
`
`Gregory Modalfsky
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`
`500 E Street, SW
`Washington, DC 20436
`
`Mark Davis, Esq.
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW, Suite 900
`Washington, DC 20005
`
`Counselfor Complainant, Apple Inc.
`
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`
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`
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`Via Electronic Filing (EDIS)
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