UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Theodore R. Essex
`Administrative Law Judge
`
`
`
`
`
` Investigation No. 337-TA-750
`
`
`
`
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`
`
`JOINT STIPULATION REGARDING THE WITHDRAWAL OF PENDING MOTIONS
`
`WHEREAS Complainant Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) seek to simplify the issues at the evidentiary hearing;
`
`WHEREAS Apple and Motorola have reached agreements regarding evidentiary issues
`
`that entail the withdrawal of motions and will render other motions moot;
`
`NOW THEREFORE the parties hereby stipulate as follows:
`
`1.
`
`Apple withdraws its Motion to Strike Supplemental Expert Report of Andrew
`
`Wolfe, or in the Alternative, for Leave to File Rebuttal Reports (Mot. No. 750-018). Apple
`
`withdraws its objections to Motorola’s supplemental expert reports that have been served, and
`
`Motorola withdraws its objections to Apple’s supplemental expert reports that have been served.
`
`2.
`
`Motorola withdraws as moot its Motion for Leave to Serve the Supplemental
`
`Expert Report of Dr. Wolfe or, in the Alternative, to Strike the Supplemental Expert Report of
`
`Dr. Balakrishnan (Mot. No. 750-034).
`
`3.
`
`Apple withdraws its Motion in Limine No. 1 to Exclude Portions of the Direct
`
`Witness Statements of Dr. C. Douglass Locke (RX-1874C) and Dr. Andrew Wolfe (RX-1885C)
`
`Offering Testimony Outside the Scope of Expert Reports (Mot. No. 750-027). Apple maintains
`
`its objections to the testimony cited in this motion, however, and to the extent that these
`
`
`
`
`
`
`WASHINGTON, D.C.
`
`Before the Honorable Theodore R. Essex
`Administrative Law Judge
`
`
`
`
`
` Investigation No. 337-TA-750
`
`
`
`
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`
`
`JOINT STIPULATION REGARDING THE WITHDRAWAL OF PENDING MOTIONS
`
`WHEREAS Complainant Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) seek to simplify the issues at the evidentiary hearing;
`
`WHEREAS Apple and Motorola have reached agreements regarding evidentiary issues
`
`that entail the withdrawal of motions and will render other motions moot;
`
`NOW THEREFORE the parties hereby stipulate as follows:
`
`1.
`
`Apple withdraws its Motion to Strike Supplemental Expert Report of Andrew
`
`Wolfe, or in the Alternative, for Leave to File Rebuttal Reports (Mot. No. 750-018). Apple
`
`withdraws its objections to Motorola’s supplemental expert reports that have been served, and
`
`Motorola withdraws its objections to Apple’s supplemental expert reports that have been served.
`
`2.
`
`Motorola withdraws as moot its Motion for Leave to Serve the Supplemental
`
`Expert Report of Dr. Wolfe or, in the Alternative, to Strike the Supplemental Expert Report of
`
`Dr. Balakrishnan (Mot. No. 750-034).
`
`3.
`
`Apple withdraws its Motion in Limine No. 1 to Exclude Portions of the Direct
`
`Witness Statements of Dr. C. Douglass Locke (RX-1874C) and Dr. Andrew Wolfe (RX-1885C)
`
`Offering Testimony Outside the Scope of Expert Reports (Mot. No. 750-027). Apple maintains
`
`its objections to the testimony cited in this motion, however, and to the extent that these
`
`
`
`
`
`
`
`
`
`objections are not otherwise withdrawn pursuant to this stipulation or a subsequent agreement,
`
`any outstanding objections will be resolved at the hearing.
`
`4.
`
`Apple withdraws its Motion in Limine No. 3 to Preclude Respondent Motorola
`
`Mobility, Inc. from Offering the Testimony of Dr. Andrew Wolfe (RX-1885C) that Concerns
`
`Opinions First Expressed in this Supplemental Expert Report (RX-1233C) (Mot. No. 750-028).
`
`Apple withdraws its objections that correspond to this motion.
`
`5.
`
`Apple withdraws its Motion in Limine No. 5 to Exclude Portions of the Direct
`
`Witness Statement of Dr. Andrew Wolfe (RX-1885C) and to Preclude Arguments Regarding a
`
`Claim Construction that Was Not Proposed by Any Party (Mot. No. 750-030). Apple withdraws
`
`its objections that correspond to this motion.
`
`6.
`
`Apple withdraws in part its Motion in Limine No. 6 to Exclude the Testimony of
`
`Witnesses Who Were Not Offered for Deposition or, in the Alternative, Motion to Compel
`
`Depositions (Mot. No. 750-031). This motion is moot with respect to Mr. Kraus and Dr. Ellett
`
`because Motorola has withdrawn their witness statements. Apple withdraws this motion with
`
`respect to Mr. Isaac because Motorola has agreed to provide him for deposition. Apple
`
`maintains this motion with respect to Ms. Wyatt, Mr. Rubin, and Mr. Bengston.
`
`7.
`
`Apple withdraws its Motion in Limine No. 7 to Exclude the Witness Statements of
`
`Joseph Vierra (RX-1882C) and Clayton Weimer (RX-1883C) and to Preclude Testimony (Mot.
`
`No. 750-032). Motorola agrees to provide Mr. Vierra and Mr. Weimer for deposition.
`
`8.
`
`Motorola withdraws the Witness Statement of Dr. Robert Ellett (RX-1867), which
`
`moots Apple’s Motion in Limine No. 8 to Exclude the Witness Statement of Dr. Robert Ellett
`
`(RX-1867) and to Preclude Testimony (Mot. No. 750-033). Apple agrees not to dispute the prior
`
`art status of exhibits that are properly admitted through the testimony of Motorola’s experts.
`
`- 2 -
`
`
`
`
`
`9.
`
`Motorola withdraws its Motion in Limine to Preclude Evidence, Testimony, and
`
`Expert Opinion on Apple's New Domestic Industry Contentions Related to Claims 2, 3, 4, 5, 6,
`
`7, and 10 of the ’607 Patent (Mot. No. 750-023). Motorola withdraws its objections that
`
`correspond to this motion.
`
`10. Motorola withdraws its Motion in Limine to Exclude Certain Testimony,
`
`Evidence and Expert Opinion Concerning U.S. Patent 5,379,430 (Mot. No. 750-025). Motorola
`
`withdraws its objections that correspond to this motion.
`
`11. Motorola withdraws its Motion in Limine to Exclude Certain Testimony,
`
`Evidence and Expert Opinion Concerning U.S. Patent 7,663,607 (Mot. No. 750-035). Motorola
`
`withdraws its objections that correspond to this motion.
`
`12. Motorola withdraws its Motion in Limine to Exclude Certain Testimony,
`
`Evidence and Expert Opinion Concerning U.S. Patent 7,812,828 (Mot. No. 750-036). Motorola
`
`withdraws its objections that correspond to this motion.
`
`13.
`
`Although this stipulation does not contain an explicit list of objections that the
`
`parties have agreed to withdraw, the parties have exchanged a list of such objections in e-mails
`
`between the parties during the week of September 12, 2011. The parties will continue to meet
`
`and confer regarding this list, and any outstanding objections will be resolved at the hearing.
`
`14.
`
`The private parties understand that the Office of Unfair Import Investigations
`
`does not oppose this stipulation.
`
`
`
`IT IS SO STIPULATED.
`
`
`
`Dated: September 14, 2011
`
`Respectfully submitted,
`
`By: /s/ Brian E. Ferguson
`
`
`- 3 -
`
`
`
`Mark G. Davis
`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
`Telephone: (202) 682-7000
`Facsimile: (202) 857-0940
`
`Counsel for Complainant Apple Inc.
`
`
`
`By: /s/ Edward J. DeFranco
`
`
`Charles F. Schill
`Jamie B. Beaber
`Steptoe & Johnson LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036
`Telephone: (202) 429-3000
`Facsimile: (202) 429-3902
`
`Counsel for Respondent Motorola
`Mobility, Inc.
`
`
`
`
`
`
`
`Anne M. Cappella
`Jill J. Ho
`Erin C. Jones
`Brian C. Chang
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Telephone: (650) 802-3000
`
`Matthew D. Powers
`Steven S. Cherensky
`Paul T. Ehrlich
`Stefani C. Smith
`Robert L. Gerrity
`Tensegrity Law Group LLP
`201 Redwood Shores Parkway, Suite 401
`Redwood Shores, CA 94065
`Telephone: (650) 802-6000
`
`
`
`Charles K. Verhoeven
`David Eiseman
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Telephone: (415) 875-6600
`
`Edward J. DeFranco
`Stephen T. Straub
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Telephone: (212) 849-7000
`
`David A. Nelson
`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison Street, Ste. 2450
`Chicago, IL 60661
`Phone No. (312) 705-7400
`
`- 4 -
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing was served on September 14, 2011 as indicated, on
`the following:
`
`Via Hand Delivery (EDIS)
`The Honorable James R. Holbein
`Secretary
`U.S. International Trade Commission
`500 E Street SW, Room 112
`Washington, D.C. 20436
`
`Via Hand Delivery (2 copies)
`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 Kattan
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 401
`Washington, D.C. 20436
`lisa.kattan@usitc.gov
`
`gregory.moldafsky@usitc.gov
`Via Email and Hand -Delivery
`Charles F. Schill
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, N.W.
`Washington, DC 20036
`motorola750@steptoe.com
`
`Via Email
`Charles K. Verhoeven
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`
`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
`
`Edward J. DeFranco
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`
`Moto-Apple-750@guinnemanuel.com
`
`Robert D. Fram
`Covington & Burling LLP
`One Front Street
`San Francisco, CA 941110
`
`AppleCov@cov.com
`
`lleen Sphar
`Paralegal
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