UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before The Honorable Theodore R. Essex
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`Investigation No. 337-TA-750
`
`UNOPPOSED JOINT MOTION OF COMPLAINANT APPLE INC. AND RESPONDENT
`MOTOROLA MOBILITY, INC. TO AMEND THE PROCEDURAL SCHEDULE
`(ORDER NO.9)
`
`Pursuant to Commission Rules 210.15 and 210.26, Complainant Apple Inc.
`
`("Apple") and Respondent Motorola Mobility, Inc. ("Motorola") hereby respectfully move to
`
`amend the procedural schedule (Order No. 9) to the dates set forth in Exhibit A. The proposed
`
`amendments move due dates that are currently set for September 5, 2011, which is the Labor
`
`Day holiday. None of the proposed amendments to the procedural schedule will affect the date
`
`for the submission of exhibits to the Commission. Further, none of the proposed amendments
`
`will affect the Hearing dates, Initial Determination date, or Target date of this Investigation.
`
`Pursuant to Ground Rule 3.1, this motion is accompanied by a memorandum of points and
`
`authorities.
`
`Apple and Motorola submit this motion jointly, and Staff has indicated it will not
`
`oppose this motion.
`
`
`WASHINGTON, D.C.
`
`Before The Honorable Theodore R. Essex
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`Investigation No. 337-TA-750
`
`UNOPPOSED JOINT MOTION OF COMPLAINANT APPLE INC. AND RESPONDENT
`MOTOROLA MOBILITY, INC. TO AMEND THE PROCEDURAL SCHEDULE
`(ORDER NO.9)
`
`Pursuant to Commission Rules 210.15 and 210.26, Complainant Apple Inc.
`
`("Apple") and Respondent Motorola Mobility, Inc. ("Motorola") hereby respectfully move to
`
`amend the procedural schedule (Order No. 9) to the dates set forth in Exhibit A. The proposed
`
`amendments move due dates that are currently set for September 5, 2011, which is the Labor
`
`Day holiday. None of the proposed amendments to the procedural schedule will affect the date
`
`for the submission of exhibits to the Commission. Further, none of the proposed amendments
`
`will affect the Hearing dates, Initial Determination date, or Target date of this Investigation.
`
`Pursuant to Ground Rule 3.1, this motion is accompanied by a memorandum of points and
`
`authorities.
`
`Apple and Motorola submit this motion jointly, and Staff has indicated it will not
`
`oppose this motion.
`
`
`
`Dated: September 1, 2011
`
`Respectfully submitted,
`
`Marl Davfis '
`Brian Ferguson
`Robert T. Vlasis
`Edward S. Jou
`Christopher T. Marando
`Weil, Gotshal & Manges LLP
`1300 Eye Street, N.W., Suite 900
`Washington, D.C. 20005
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`
`Anne M. Cappella
`Jill J. Ho
`Jacqueline T. Harlow
`Erin C. Jones
`Brian C. Chang
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`
`Matthew D. Powers
`Steven S. Cherensky
`Paul T. Ehrlich
`Robert'L. Gerrity
`Tensegrity Law Group LLP
`201 Redwood Shores Parkway, Suite 401
`Redwood Shores, CA 94065
`Tel: (650) 802-6000
`
`A ttorneys for Complainant Apple Inc.
`
`f
`
`C ar es . chill (cid:9)
`Steptoe & Johnson LLP
`1330 Connecticut Avenue, N.W.
`Washington, DC 20036
`Tel.: (202) 429-8162
`
`4
`
`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
`Anastasia Fernands
`Quinn Emanuel Urquhart & Sullivan LLP
`51 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
`Tel.: (312) 705-7400
`
`Attorneys for Respondent Motorola
`Mobility, Inc.
`
`2
`
`
`
`EXHIBIT A:
`
`Original Date
`September 2, 2011
`
`September 5, 2011
`
`September 6, 2011
`September 5, 2011
`September 9, 2011
`September 9, 2011
`September 9, 2011
`
`Revised Date
`September 2, 2011
`
`September 6, 2011
`
`September 6, 2011
`
`September 6, 2011
`September 8, 2011
`September 9, 2011
`September 9, 2011
`September 9, 2011
`
`Event
`File objections to direct exhibits, including witness
`statements
`Exchange between the parties rebuttal exhibits,
`including witness statements
`Exchange any completeness designations and objections September 5, 2011
`to counterdesignations
`Deadline for Motions in limine
`Finalize depositions to be submitted as exhibits
`File pre-hearing statement and brief by the Staff
`File high priority objections statement
`File responses to objections to direct exhibits, including
`witness statements
`Submit final direct and rebuttal exhibits, including joint
`exhibits and witness statements
`File objections to rebuttal exhibits, including witness
`statements
`File responses to motions in limine
`
`File responses to high priority objections statement
`
`File responses to objections to rebuttal exhibits,
`including witness statements
`Submission of declarations justifying confidentiality of
`exhibit
`Fourth Settlement Conference deadline
`
`Submission of Fourth Settlement Conference Joint
`Report
`Pre-hearing conference and Tutorial
`
`Start of Hearing
`
`Deadline for Conclusion of Hearing
`Initial Determination due
`
`Target date for completion of Investigation
`
`September 12, 2011 September 12,
`2011
`September 12, 2011 September 12,
`2011
`September 14, 2011 September 14,
`2011
`September 14, 2011 September 14,
`2011
`September 16, 2011 September 16,
`2011
`September 19, 2011 September 19,
`2011
`September 19, 2011 September 19,
`2011
`September 22, 2011 September 22,
`2011
`September 23, 2011 September 23,
`2011
`September 26, 2011 September 26,
`2011
`October 5, 2011
`October 5, 2011
`November 30, 2011 November 30,
`2011
`March 30, 2012
`
`March 30, 2012
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before The Honorable Theodore R. Essex
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`Investigation No. 337-TA-750
`
`MEMORANDUM IN SUPPORT OF THE UNOPPOSED JOINT MOTION OF
`COMPLAINANT APPLE INC. AND RESPONDENT MOTOROLA MOBILITY, INC.
`TO AMEND THE PROCEDURAL SCHEDULE (ORDER NO.9)
`
`The private parties in this Investigation, Complainant Apple Inc. ("Apple") and
`
`Respondent Motorola Mobility, Inc. ("Motorola"), have agreed to jointly move for an
`
`amendment to the procedural schedule as set forth below:
`
`Event
`File objections to direct exhibits, including witness
`statements
`Exchange between the parties rebuttal exhibits,
`including witness statements
`Exchange any completeness designations and objections
`to counterdesignations
`Deadline for Motions in Iimine
`Finalize depositions to be submitted as exhibits
`File pre-hearing statement and brief by the Staff
`File high priority objections statement
`File responses to objections to direct exhibits, including
`witness statements
`Submit final direct and rebuttal exhibits, including joint
`exhibits and witness statements
`File objections to rebuttal exhibits, including witness
`statements
`File responses to motions in 1/mine
`
`File responses to high priority objections statement
`
`File responses to objections to rebuttal exhibits,
`
`Original Date
`September 2, 2011
`
`Revised Date
`September 2, 2011
`
`September 5, 2011
`
`September 6, 2011
`
`September 5, 2011
`
`September 6, 2011
`
`September 6, 2011
`September 5, 2011
`September 9, 2011
`September 9, 2011
`September 9, 2011
`
`September 6, 2011
`September 8, 2011
`September 9, 2011
`September 9, 2011
`September 9, 2011
`
`September 12, 2011 September 12,
`2011
`September 12, 2011 September 12,
`2011
`September 14, 2011 September 14,
`2011
`September 14, 2011 September 14,
`2011
`September 16, 2011 September 16,
`
`
`
`including witness statements
`Submission of declarations justifying confidentiality of
`exhibit
`Fourth Settlement Conference deadline
`
`Submission of Fourth Settlement Conference Joint
`Report
`Pre-hearing conference and Tutorial
`
`Start of Hearing
`
`Deadline for Conclusion of Hearing
`Initial Determination due
`
`Target date for completion of Investigation
`
`2011
`September 19, 2011 September 19,
`2011
`September 19, 2011 September 19,
`2011
`September 22, 2011 September 22,
`2011
`September 23, 2011 September 23,
`2011
`September 26, 2011 September 26,
`2011
`October 5, 2011
`October 5, 2011
`November 30, 2011 November 30,
`2011
`March 30, 2012
`
`March 30, 2012
`
`The private parties propose these amendments to avoid having due dates in this
`
`Investigation occur on September 5, 2011, which is the Labor Day holiday, and to provide the
`
`private parties additional time to finalize the highlighted depositions that will be submitted as
`
`exhibits. None of the proposed amendments to the procedural schedule will affect the
`
`submission of final direct and rebuttal exhibits to the Commission on September 12, 2011.
`
`Further, the proposed modifications will not affect the Hearing dates, Initial Determination date,
`
`or Target date of this Investigation. Therefore, the private parties respectfully request that the
`
`procedural schedule be amended as set forth above.
`
`Dated: September 1, 2011 (cid:9)
`
`Respectfully submitted,
`
`avis
`Marie (cid:9)
`Brian E. Ferguson
`Robert T. Vlasis
`Edward S. Jou
`Christopher T. Marando
`Weil, Gotshal & Manges LLP
`1300 Eye Street, N.W., Suite 900
`Washington, D.C. 20005
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`
`47
`
`Charles F. chill (cid:9)
`Steptoe & Johnson LLP
`1330 Connecticut Avenue, N.W.
`Washington, DC 20036
`Tel.: (202) 429-8162
`
`Charles K. Verhoeven
`David Eiseman
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`
`2
`
`
`
`Anne M. Cappella
`Jill J. Ho
`Jacqueline T. Harlow
`Erin C. Jones
`Brian C. Chang
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`
`Matthew D. Powers
`Steven S. Cherensky
`Paul T. Ehrlich
`Robert L. Gerrity
`Tensegrity Law Group LLP
`201 Redwood Shores Parkway, Suite 401
`Redwood Shores, CA 94065
`Tel: (650) 802-6000
`
`Attorneys for Complainant Apple Inc.
`
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`
`Edward J. DeFranco
`Stephen T. Straub
`Anastasia Fernands
`Quinn Emanuel Urquhart & Sullivan LLP
`51 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
`Tel.: (312) 705-7400
`
`Attorneys for Respondent Motorola
`Mobility, Inc.
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before The Honorable Theodore R. Essex
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND (cid:9)
`RELATED SOFTWARE
`
`Investigation No. 337-TA-750
`
`ORDER NO.
`
`(September _, 2011)
`
`Upon consideration of the unopposed joint motion to amend the procedural
`
`schedule filed by Complainant Apple Inc. and Respondent Motorola Mobility, Inc. in the
`
`above-captioned Investigation, the procedural schedule set forth in Order No. 9 is amended as
`
`follows:
`
`Event
`File objections to direct exhibits, including witness
`statements
`Exchange between the parties rebuttal exhibits,
`including witness statements
`Exchange any completeness designations and objections
`to counterdesignations
`Deadline for Motions in limine
`Finalize depositions to be submitted as exhibits
`File pre-hearing statement and brief by the Staff
`File high priority objections statement
`File responses to objections to direct exhibits, including
`witness statements
`Submit final direct and rebuttal exhibits, including joint
`exhibits and witness statements
`File objections to rebuttal exhibits, including witness
`statements
`File responses to motions in limine
`
`File responses to high priority objections statement
`
`Original Date
`September 2, 2011
`
`Revised Date
`September 2, 2011
`
`September 5, 2011
`
`September 6, 2011
`
`September 5, 2011
`
`September 6, 2011
`
`September 6, 2011
`September 5, 2011
`September 9, 2011
`September 9, 2011
`September 9, 2011
`
`September 6, 2011
`September 8, 2011
`September 9, 2011
`September 9, 2011
`September 9, 2011
`
`September 12, 2011 September 12,
`2011
`September 12, 2011 September 12,
`2011
`September 14, 2011 September 14,
`2011
`September 14, 2011 September 14,
`
`
`
`File responses to objections to rebuttal exhibits,
`including witness statements
`Submission of declarations justifying confidentiality of
`exhibit
`Fourth Settlement Conference deadline
`
`Submission of Fourth Settlement Conference Joint
`Report
`Pre-hearing conference and Tutorial
`
`Start of Hearing
`
`Deadline for Conclusion of Hearing
`Initial Determination due
`
`Target date for completion of Investigation
`
`SO ORDERED.
`
`2011
`September 16, 2011 September 16,
`2011
`September 19, 2011 September 19,
`2011
`September 19, 2011 September 19,
`2011
`September 22, 2011 September 22,
`2011
`September 23, 2011 September 23,
`2011
`September 26, 2011 September 26,
`2011
`October 5, 2011
`October 5, 2011
`November 30, 2011 November 30,
`2011
`March 30, 2012
`
`March 30, 2012
`
`Theodore R. Essex
`Administrative Law Judge
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing UNOPPOSED JOINT MOTION OF
`COMPLAINANT APPLE INC. AND RESPONDENT MOTOROLA MOBILITY, INC.
`TO AMEND THE PROCEDURAL SCHEDULE (ORDER NO.9) was served on September
`1, 2011 as indicated, on the following:
`
`Via EDIS
`The Honorable James R. Holbein
`Secretary
`U.S. International Trade Commission
`500 E Street SW, Room 112-A
`Washington, D.C. 20436
`
`Via Hand Delivery (2 copies) and Email
`The Honorable Theodore R. Essex
`Office of the Administrative Law Judge
`U.S. International Trade Commission
`500 E Street SW, Room 317
`Washington, D.C. 20436
`
`Via Email
`Lisa M. Kattan, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 401
`Washington, D.C. 20436
`
`Lisa.Kattan (cid:9) usitc.gov
`Via Email
`Charles K. Verhoeven
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`
`gregory. mo l dafsky@usitc. gov
`
`Via Hand Delivery and Email
`Charles F. Schill
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, N.W.
`Washington, DC 20036
`
`motoro1a750@steptoe.com
`
`Via Email
`Robert T. Haslam
`Covington & Burling LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 94065-1418
`
`David A. Nelson
`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison Street, Ste. 2450
`Chicago, IL 60661
`
`Robert D. Fram
`Covington & Burling LLP
`One Front Street
`San Francisco, CA 9411105356
`
`Edward J. DeFranco
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`
`Moto-Apple-750 (cid:9)
`
`uinnemanuel.com
`
`AppleCov@cov.com
`
`Tessa Strasser
`Paralegal
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