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
`
`SUPPLEMENTAL JOINT REQUEST FOR RECEIPT INTO
`EVIDENCE WITHOUT A SPONSORING WITNESS
`
`Pursuant to the Parties” Joint Stipulation Regarding Testimony and Evidence Related to
`
`Respondent Motorola Mobility, Inc’s Standing and Licensing Defenses to US. Patent No.
`
`5,379,430, Complainant Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) respectfully submit this Supplemental Joint Request for the Receipt of Evidence
`
`Without a Sponsoring Witness.
`
`On August 29, 201 l, the private parties agreed to request that the documents then listed on
`
`the Joint Exhibit List, attached as Exhibit A to the August 29 request, be received into evidence
`
`without sponsoring witnesses.
`
`In the August 29 request, the private parties noted that they were
`
`continuing to work to identify further exhibits that could be offered into evidence without a
`
`sponsoring witness, and would submit additional requests as needed.
`
`Commission Rule 210.37 provides that “{rlelevant, material, and reliable evidence shall be
`
`admitted” into the record,
`
`19 CPR, § 3037, Pursuant to (iron nd Rule 9.8.12, “Mfa party
`
`believes evidence to be non-controversial and to be appropriate for receipt in evidence without a
`
`sponsoring witness, the party may present with each such exhibit on or before the due date set forth
`
`in the procedural schedule: (1) an affidavit or declaration that the declarant prepared or someone
`
`under the declarant”s direction prepared the exhibit; (2) a request that the exhibit be received in
`
`
`
`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
`
`SUPPLEMENTAL JOINT REQUEST FOR RECEIPT INTO
`EVIDENCE WITHOUT A SPONSORING WITNESS
`
`Pursuant to the Parties” Joint Stipulation Regarding Testimony and Evidence Related to
`
`Respondent Motorola Mobility, Inc’s Standing and Licensing Defenses to US. Patent No.
`
`5,379,430, Complainant Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) respectfully submit this Supplemental Joint Request for the Receipt of Evidence
`
`Without a Sponsoring Witness.
`
`On August 29, 201 l, the private parties agreed to request that the documents then listed on
`
`the Joint Exhibit List, attached as Exhibit A to the August 29 request, be received into evidence
`
`without sponsoring witnesses.
`
`In the August 29 request, the private parties noted that they were
`
`continuing to work to identify further exhibits that could be offered into evidence without a
`
`sponsoring witness, and would submit additional requests as needed.
`
`Commission Rule 210.37 provides that “{rlelevant, material, and reliable evidence shall be
`
`admitted” into the record,
`
`19 CPR, § 3037, Pursuant to (iron nd Rule 9.8.12, “Mfa party
`
`believes evidence to be non-controversial and to be appropriate for receipt in evidence without a
`
`sponsoring witness, the party may present with each such exhibit on or before the due date set forth
`
`in the procedural schedule: (1) an affidavit or declaration that the declarant prepared or someone
`
`under the declarant”s direction prepared the exhibit; (2) a request that the exhibit be received in
`
`
`
`evidence without a witness at the hearing; and (3) a statement of grounds for receiving the exhibit in
`
`evidence without a witness at the hearing.”
`
`Id.
`
`“In the absence of objections, and upon good
`
`cause shown, the exhibit shall be received in evidence without a witness subject to the right of
`
`objection on other grounds.”
`
`1d.
`
`Good cause exists to admit into evidence the exhibits that are listed on Exhibit A to the
`
`present request as they are relevant, material, reliable and non—controversial. The private parties
`
`make this request in order to streamline the hearing and avoid the cumbersome and inefficient
`
`process of requiring a witness to identify and authenticate various non-controversial exhibits. Each
`
`of the proposed exhibits that is the subject of this request is a true and accurate copy. (See Beaber
`
`Declaration attached hereto.)
`
`Accordingly, for the reasons stated above. the private parties respectfully request that the
`
`presiding Administrative Law Judge receive the exhibits identified in the list attached as Exhibit A to
`
`this request without sponsoring witnesses at trial. The Staff does not oppose this request.
`
`Dated: September 21, 2011
`
`Respectfully submitted,
`
` new 23: . :Sfe yr: fliei’lirfe it{62%-
`Mark G. Davis
`j
`{3, fig
`Brian E. Ferguson
`j
`v? )
`Robert T. Vlasis
`Edward S. Jou
`
`
`
`é/ Mffiif/gé 5’/
`Charles F. Schill
`Jamie B. Beaber
`Steptoe & Johnson LLP
`1330 Connecticut Avenue. NW.
`
`Christopher T. Marando
`Weil, Gotshal & Manges LLP
`1300 Eye Street, N.W., Suite 900
`Washington, DC. 20005
`Tel: (202) 682-7000
`Fax: (202) 857—0940
`
`Anne M. Cappella
`Jill J. Ho
`
`Jacqueline T. Harlow
`
`Washington, DC 20036
`Tel.: (202) 429—8162
`
`Charles K. Verhoeven
`David Eiseman
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 9411 1
`Tel: (415) 875-6600
`
`
`
`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 9 4065
`Tel: (650) 802—6000
`
`Attorneys for Complainant Apple Inc.
`
`Edward J. DeFranco
`Stephen T. Straub
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 1.0010
`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 TMDE COMMISSION
`
`WASHINGTON, DC.
`
`Before The Honorable Theodore R. Essex
`
`Administrative Law Judge
`
`
`In the Matter of
`
`
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`Investigation N0. 337—TA—750
`
`DECLARATION OF JAMIE B. BEABER IN SUPPORT OF SUPPLEMENTAL JOINT
`REQUEST FOR RECEIPT OF EVIDENCE WITHOUT A SPONSORING WITNESS
`
`l.
`
`I am an attorney of the law firm of Steptoe & Johnson LLP, counsel for Motorola
`
`Mobility, Inc. (“Motorola”) in the above—captioned investigation.
`
`2.
`
`I make this declaration in support of the private parties’ Supplemental Joint
`
`Request for Receipt of Evidence Without a Sponsoring Witness.
`
`3.
`
`Pursuant to Order No. 9, the parties exchanged true and correct copies of exhibits,
`
`including those exhibits identified in Exhibit A to this request, and submitted those exhibits to
`
`the presiding Administrative Law Judge on September 12, 201.
`
`4.
`
`I hereby declare under penalty of perjury that the foregoing is true and correct
`
`and that this Declaration was executed this 21th dayptLSeptember 2 l l, , @N’ashington DrC,
`
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`
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`
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`
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`
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`Certain Mobile Devices and Related Software
`Investigation N0. 33 7-TA- 750
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on, September 21, 201 1 she caused
`SUPPLEMENTAL JOINT REQUEST FOR RECEIPT INTO
`EVIDENCE WITHOUT A SPONSORING WITNESS
`
`The Honorable James Holbein
`
`to be served upon the parties as indicated, below:
`
`El Via First Class Mail
`D
`
`Via Hand Delivery
`(Original plus six)
`Via Electronic Filing (EDIS)
`Via Overnight Courier
`Via Facsimile
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`Via Email (PDF)
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`Via First Class Mail
`E1
`
`Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112-F
`
`Washington, DC 20436
`
`The Honorable Theodore R. Essex
`
`Administrative Law Judge
`US. International Trade Commission
`
`500 E Street, SW, Room 317
`
`Washington, DC 20436
`
`Gregory Moldafsky
`Attorney Advisor
`US International Trade Commission
`
`500 E Street, SW
`Washington, DC 20436
`
`Lisa Kattan
`
`Office of Unfair Import Investigations
`US. International Trade Commission
`
`500 E Street, SW
`
`Mark Davis, Esq.
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW, Suite 900
`Washington, DC 20005
`
`Counselfor Complainant, Apple Inc.
`
`[Z]
`
`[Z]
`
`121
`
`El
`
`El
`
`Via Hand Delivery
`Two Copies
`Via Overnight Courier
`Via Facsimile
`
`El
`
`Via Email (PDF)
`[:1 Via First Class Mail
`
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`
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`
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