UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC.
`
`Before the Honorable Theodore R. Essex
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`
`Investigation No. 337-TA—750
`
`STIPULATION REGARDING TESTIMONY AND
`
`EVIDENCE RELATED TO RESPONDENT MOTOROLA MOBILITY, INC.’S
`INES QUITABLE CONDUCT AND SECTION 101 DEFENSES
`
`WHEREAS Complainant Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) seek to simplify the issues at the evidentiary hearing;
`
`WHEREAS Motorola has agreed not to pursue its inequitable conduct defense with
`
`respect to United States Patent No. 7,663,607 (“the “607 patent”) and its defense under 35 U.S.C.
`
`§ 101 with respect to United States Patent No. 7,812,828 (“the “828 patent”). This agreement
`
`will obviate the need for certain witnesses to testify at the evidentiary hearing and will result in
`
`the withdrawal of Apple’s pending Motion In Limine No. 4;
`
`WHEREAS Motorola has also agreed to Withdraw its Motion In Limine to Preclude
`
`Apple from Relying on Purported Evidence of Invention that Was Not Identified During Fact
`
`Discovery;
`
`WHEREAS Apple has agreed to withdraw its objections to questions 297 through 299 of
`
`the Direct Witness Statement of Andrew Wolfe; and
`
`WHEREAS Apple has agreed to Withdraw its High Priority Objection No. 5 concerning
`
`the testimony of Carla Mulhern.
`
`NOW THEREFORE the parties hereby stipulate as follows:
`
`
`
`WASHINGTON, DC.
`
`Before the Honorable Theodore R. Essex
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`
`Investigation No. 337-TA—750
`
`STIPULATION REGARDING TESTIMONY AND
`
`EVIDENCE RELATED TO RESPONDENT MOTOROLA MOBILITY, INC.’S
`INES QUITABLE CONDUCT AND SECTION 101 DEFENSES
`
`WHEREAS Complainant Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) seek to simplify the issues at the evidentiary hearing;
`
`WHEREAS Motorola has agreed not to pursue its inequitable conduct defense with
`
`respect to United States Patent No. 7,663,607 (“the “607 patent”) and its defense under 35 U.S.C.
`
`§ 101 with respect to United States Patent No. 7,812,828 (“the “828 patent”). This agreement
`
`will obviate the need for certain witnesses to testify at the evidentiary hearing and will result in
`
`the withdrawal of Apple’s pending Motion In Limine No. 4;
`
`WHEREAS Motorola has also agreed to Withdraw its Motion In Limine to Preclude
`
`Apple from Relying on Purported Evidence of Invention that Was Not Identified During Fact
`
`Discovery;
`
`WHEREAS Apple has agreed to withdraw its objections to questions 297 through 299 of
`
`the Direct Witness Statement of Andrew Wolfe; and
`
`WHEREAS Apple has agreed to Withdraw its High Priority Objection No. 5 concerning
`
`the testimony of Carla Mulhern.
`
`NOW THEREFORE the parties hereby stipulate as follows:
`
`
`
`1.
`
`This Stipulation and the information it contains shall only be used in the instant
`
`Investigation and any action arising therefrom, shall not be binding on any party for any other
`
`purpose or in any other administrative or judicial proceeding, and shall not be used for any other
`
`purpose, including as evidence, in any such other proceeding.
`
`2.
`
`Motorola will not pursue its inequitable conduct defense with respect to the “607
`
`patent and its section 101 defense with respect to the ‘828 patent in this Investigation.
`
`3.
`
`Motorola withdraws the following testimony from the Direct Witness Statement
`
`of Dr. Andrew Wolfe (RX-1885C): Q. 3Sl-Q. 353 (inequitable conduct defense with respect to
`
`the ‘607 patent) and Q. 57l-Q. 572 (section 101 defense with respect to the “828 patent).
`
`4.
`
`Apple withdraws the following testimony from the Rebuttal Witness Statement of
`
`Dr. Vivek Subramanian (CK-569C): Q. 223-Q. 226 (response to inequitable conduct defense
`
`with respect to the “607 patent).
`
`5.
`
`Apple withdraws the following testimony from the Rebuttal Witness Statement of
`
`Dr. Ravin Balakrishnan (CK-568C): Q. 560 (response to section 101 defense with respect to the
`
`“828 patent).
`
`6.
`
`Apple and Motorola withdraw the deposition designations of Glenn M. Kubota
`
`(IX-703C) from the joint exhibit list.
`
`7.
`
`Apple withdraws its Motion in Limine No. 4 To Exclude Portions of the Witness
`
`Statement of Dr. Andrew Wolfe (RX~1885C) and Preclude Certain Testimony Regarding
`
`Motorola‘s Invalidity and Unenforceability Case, tiled on September 6, 2011
`
`8.
`
`Motorola will notify third-party witness Glenn Kubota, to whom a hearing
`
`subpoena has issued, that his presence is not required at the hearing in this matter.
`
`
`
`9.
`
`Motorola also withdraws its Motion In Limine to Preclude Apple from Relying on
`
`Purported Evidence of Invention That Was Not Disclosed During Fact Discovery.
`
`10.
`
`Apple withdraws its objections to Questions 297 through 299 of Dr. Andrew
`
`Wolfe’s direct witness statement (RX-1885C).
`
`1 1.
`
`Apple withdraws its High Priority Objection N0. 5 concerning the testimony of
`
`Carla Mulhern.
`
`12.
`
`Nothing in this Stipulation shall be construed as an admission by either private
`
`party.
`
`13.
`
`The private parties understand that the Office of Unfair Import Investigations
`
`does not oppose this stipulation.
`
`IT IS SO STIPULATED.
`
`Dated: September 21, 2011
`
`Respectfully submitted,
`
`
`
`By: $55,552., E: 55555, (fig/mm 2315555551: 555
`Mark G. Davis
`5)??? FE“)
`Brian E. Ferguson
`5]
`Robert T. Vlasis
`
`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
`
`5,
`
`f
`
`5 5"}:
`
`Edward S. Jou
`Christopher T. Marando
`Weil, Gotshal & Manges LLP
`1300 Eye Street, N.W., Suite 900
`Washington, DC. 20005
`Telephone: (202) 682—7000
`Facsimile:
`(202) 857—0940
`
`Cotmselfor Complainant Apple Inc.
`
`,,
`
`[/5
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`
`
`
`
`
`Charles F. Schill
`Jamie B. Beaber
`Steptoe & Johnson LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036
`Telephone: (202) 429-3000
`Facsimile:
`(202) 429-3902
`
`Counselfor Respondent Motorola
`Mobility, Inc.
`
`Charles K. Verhoeven
`
`David Eiseman
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 9411 1
`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
`
`
`
`Certain Mobile Devices and Related Software
`Investigation N0. 33 7- TA- 750
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on, September 21, 2011 she caused
`STIPULATION REGARDING TESTIMONY AND
`
`EVIDENCE RELATED TO RESPONDENT MOTOROLA MOBILITY, INC.’S
`
`INEQUITABLE CONDUCT AND SECTION 101 DEFENSES
`to be served upon the parties as indicated below:
`
`
`The Honorable James Holbein
`
`1:! Via First Class Mail
`
`Secretary
`US. International Trade Commission
`500 E Street, SW, Room 112—F
`Washington, DC 20436
`
`[:1 Via Hand Delivery
`(Original plus Six)
`121 Via Electronic Filing (EDIS)
`[3 Via Overnight Courier
`[:1 Via Facsimile
`
`[:1 Via E-mail (PDF)
`[:1 Via First Class Mail
`
`The Honorable Theodore R. Essex
`
`El Via Hand Delivery
`Administrative Law Judge
`Two Copies
`US. International Trade Commission
`[3 Via Overnight Courier
`500 E Street, SW, Room 317
`Washington, DC 20436
`1:] Via Facsimile
`
`[3 Via Email (PDF)
`[3 Via First Class Mail
`Gregory Moldafsky
`Cl Via Hand Delivery
`Attorney Advisor
`1:] Via Overnight Courier
`US. International Trade Commission
`1:] Via Facsimile
`500 E Street, SW
`Washington, DC 20436
`521 Via Email (PDF)
`
`grgggamgflgflkyfiusztc. 201
`i [:1 Via First Class Mail
`3 [3 Via Hand Delivery
`[I Via Overnight Courier
`. 13 Via Facsimile
`El Via E-mail (PDF)
`
`lisakattanq’ffiusitc. 0v
`
`Lisa Kattan
`Office of Unfair Import Investigations
`US. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`
`
`
`[:1 Via First Class Mail
`[21 Via Hand Delivery
`1:] Via Overnight Courier
`‘ 1:] Via Facsimile
`f
`[21 Via Email (PDF)
`
`:12,we more. 7502iiweil‘, com
`
`a . lecov’dicov. com
`Wof] TLC}. App/e. Mom. 750. externalafii waif, com
`
`
`1 il l1
`
`Counsel/“or Complainant, Apple Inc.
`
`
`
`
`I wTimaka R. Seniority”
`
`Paralegal Specialist
`
`Mark Davis, Esq.
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW, Suite 900
`Washington, DC 20005
`
`
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