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
`
`JOINT STIPULATION REGARDING TESTIMONY AND
`EVIDENCE RELATED TO THE ECONOMIC PRONG
`
`OF THE DOMESTIC INDUSTRY REQUIREMENT
`
`
`
`WHEREAS on September 15, 2011, the presiding ALJ issued Order No. 14: Initial
`
`Determination Granting Apple’s Motion for Summary DeterminationThat It Has Satisfied The
`
`Economic Prong Of The Domestic Industry Requirement; and
`
`WHEREAS theissue of whether the economic prong of the domestic industry
`
`requirement is satisfied is thus pending before the Commission rather than the presiding ALI,
`
`thereby obviating the need for certain witnesses to testify at the evidentiary hearing;
`
`NOW THEREFORE Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) 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.
`
`Apple withdraws Mr. Buckley’s witness statement [CK-204C]; Questions 23-106
`
`from Mr. Bakewell’s witness statement [CK-203 C], as well as the portions of Mr. Bakewell’s
`
`response to Question 20 indicated by the strikethrough below:
`
`
`
`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
`
`JOINT STIPULATION REGARDING TESTIMONY AND
`EVIDENCE RELATED TO THE ECONOMIC PRONG
`
`OF THE DOMESTIC INDUSTRY REQUIREMENT
`
`
`
`WHEREAS on September 15, 2011, the presiding ALJ issued Order No. 14: Initial
`
`Determination Granting Apple’s Motion for Summary DeterminationThat It Has Satisfied The
`
`Economic Prong Of The Domestic Industry Requirement; and
`
`WHEREAS theissue of whether the economic prong of the domestic industry
`
`requirement is satisfied is thus pending before the Commission rather than the presiding ALI,
`
`thereby obviating the need for certain witnesses to testify at the evidentiary hearing;
`
`NOW THEREFORE Apple Inc. (“Apple”) and Respondent Motorola Mobility, Inc.
`
`(“Motorola”) 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.
`
`Apple withdraws Mr. Buckley’s witness statement [CK-204C]; Questions 23-106
`
`from Mr. Bakewell’s witness statement [CK-203 C], as well as the portions of Mr. Bakewell’s
`
`response to Question 20 indicated by the strikethrough below:
`
`
`
`l was retained by Apple as an expertWW
`
`
`
`signifieaaat—er—subst-aanfl-ak Apple else—asked me to analyze Motorola’s
`
`inventory levels in the United States, as. well as issues related to the
`
`bonding requirement;
`
`and the last sentence in Mr. Bakewell’s response to Question 21; and demonstrative exhibits
`
`CDX—3.002C-.010C and CDX-4.
`
`3.
`
`Motorola-withdraws Questions 21, 27,28, and 30-115 from Ms. Mulhern’s
`
`Witness statement; and exhibits RX—907C—913C.
`
`4.
`
`Apple and Motorola further agree to drop all remaining objections to the
`
`remaining questions in Mr. Bakewell’s and Ms; Mulhem’s witness statements.
`
`5,.
`Apple and Metorola stipulate that any exhibits relating to the economic prong of
`the domestic industry requirement that are currently listed on the Joint Exhibit List, which are the
`
`subject ofthe pending Joint Request for the Receipt Into Evidence Without a Sponsoring
`
`Witness, filed on August 29, 2011, may be'admitt'ed into evidence Without a sponsoring witness
`
`for the limited purpose of (i) providing background on Apple and Motorola, and (ii) providing
`
`evidence pertaining to remedy and bond.
`
`6.
`
`Apple may also seek to introduce CX—473 C, CX-474C, CX—404, CX-408, CX-
`
`415, CX—4l6, CX-4l9, CX—425 for this same limited purpose. Motorola reserves all objections
`
`as to these exhibits.
`
`
`
`
`
`7.
`
`Nothing in this Stipulation shall be construed as an agreement that the economic
`
`prong of the domestic industry requirement is or is not satisfied in this Investigation.
`
`8,
`
`The private parties understand that the Office of Unfair Import Investigations
`
`does not oppose this stipulation.
`
`IT IS SO STIPULATED.
`
`Dated: September 22, 2011-
`
`Anne M. Cappella
`Jill J. Ho
`
`’
`
`Erin C. Jones
`
`Brian C. Chang
`Weil, Gotshal & Manges LLP 7
`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 _
`TelephOnef (650-) 802-6000 1’
`
`Charles K. Verhoeven
`David EiSeman
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22“‘1 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
`
`
`
`Robert T. Vlasis
`Edward S. Jon
`
`Christopher T. Marando
`Weil, Gotshal & Manges LLP
`1300 Eye Street, N.W., Suite 900 »
`'Washington,D.C. 20005
`Telephone: (202) 682-7000
`Facsimilez- (202) 857-0940
`
`,
`
`Caunselfor' Camplainanr Apple Inc.
`
`
`
`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.
`
`
`
`
`
`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
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing was served on September 23, 201 l as indicated, on
`the following:
`
`
`
`Via EDIS
`The Honorable James R. Holbein
`Secretary
`US. International Trade Commission
`500 E Street SW, Room 112
`Washington, DC. 20436
`
`Via E—mail and Hand Delivery (2
`copies}
`The Honorable Theodore R. Essex
`Office of the Administrative Law Judge
`US International Trade Commission
`500 E Street SW, Room 317
`Washington, DC. 20436
`gregory.moldafsky@usitc.gov
`
`
`Via Email
`Lisa Kattan
`
`Via E—mail and Hand-Delivem
`Charles F. Schill
`
`Office of Unfair Import Investigations
`US. International Trade Commission
`500 E Street, S.W., Room 401
`Washington, DC. 20436
`Eisa.kattan@usitc.gov
`
`
`
`
`Via E—mail
`
`Charles K. Verhoeven
`
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fioor
`San Francisco, CA 94111
`
`David A. Nelson
`
`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison Street, Ste. 2450
`Chicago, EL 6066}
`
`Edward J. DeFranco
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Fioor
`
`New York, NY 10010
`
`Moto—AERie—750@quinnemanuel.com
`
`
`
`5
`
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW.
`Washington, DC 20036
`motorola750@steptoe.com
`
`Via E—mail
`
`Robert T. Haslam
`
`Covington & Barking LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 940654418
`
`Robert D. Pram
`
`Covington & Burling LLP
`One Front Street
`San Francisco, CA 941110
`
`AppleCov@cov.corn
`
`
`
`
`
`Michael Scanlan
`
`Paralegal
`
`
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