1. law, govt and politics

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN MARINE SONAR IMAGING
SYSTEMS, PRODUCTS CONTAINING THE
SAME, AND COMPONENTS THEREOF
ORDER NO. 6:
Inv. 337-TA-926
SETTING PROCEDURAL SCHEDULE
(October 15, 2014)
Pursuant to Order No. 5, the parties submitted a joint proposed procedural schedule. The
procedural schedule in this investigation shall hereby be controlled by the procedural schedule
set forth in Attachment A.
soORDERED. /EL
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TheodoreR. Essex
Administrative Law Judge
/
ATTACHMENT A
U.S. INTERNATIONAL TRADE COMMISSION
WASHINGTON, DC
Before the Honorable Theodore R. Essex
Administrative Law Judge
In the Matter of
CERTAIN MARINE SONAR IMAGING
SYSTEMS, PRODUCTS CONTAINING
THE SAME, AND COMPONENTS
THEREOF
Investigation No. 337-TA-926
PROPOSED PROCEDURAL SCHEDULE
Pursuant to Order No. 2, Complainants Johnson Outdoors Inc. and Johnson Outdoors
Marine Electronics, Inc. (“Johnson Outdoors”) and Respondents Garmin International, Inc.,
Garmin North America, lnc., Garmin USA, Ine., and Garmin Corporation (“Garmin”)
respectfully submit the following Proposed Procedural Schedule. The parties have agreed on the
proposed dates for all events except for the date to file pre-hearing statements and briefs, as
highlighted in the table below. The parties’ respective positions are as follows:
Johnson Outdoors ’gosition. Johnson Outdoors submits that the date to file pre-hearing
statements and briefs should be Friday, February I3, 2015, which is afier the proposed date to
submit direct exhibits, and before the proposed date to submit rebuttal exhibits. Johnson
Outdoors’ position aligns identically with Ground Rule 2. (Order No. 2 Attach. B at 5-6). This
ordering, as per Ground Rule 2, allows the pre-hearing statements and briefs to address fully the
direct evidence, and gives the parties an opportunity to assess each other’s positions before
rebuttal exhibits are due. Contrary to Garmin’s position, Ground Rule 2 does not contemplate
that the pre-hearing statement and briefs include a reply to or otherwise address the rebuttal
evidence.
Garmin ’sQosition. Garmin respectfully submits that it is in the interests of judicial
economy and efficiency to submit pre-hearing briefs on March 6, 2015, alter the parties have
exchanged both direct exhibits (including witness statements) on February 6, 2015, and rebuttal
exhibits (including witness statements) on February 20, 2015. Filing the pre-hearing brief after
the exchange of direct and rebuttal exhibits will allow the parties to streamline the issues in the
case by squarely addressing each other’s positions and focusing only on the disputed issues,
rathcr than briefing every issue in the case.‘ A streamlined pre-hearing brief promotesjudicial
economy and efficiency by focusing the ALJ’s attention and resources on the issues in
controversy, and only to the extent necessary to resolve the remaining disputes. Lnaddition,
Garmin’s proposal is consistent with Appendix B to the Ground Rules, which makes clear that
the parties’ pre-hearing briefs should address only the claim construction terms in dispute.
EVENT
Johnson Outdoors
Proposed Schedule
First settlement conference
Garmin
Proposed Qchedule
Completed on July 30, 2014
Submission of first settlement conference
joint report
Friday,
October 10, 2014
File disclosure of priority date/conception and
reduction to practice date
Friday,
October 24, 2014
File identification of expert witnesses,
including their expertise and their
curriculum vitae
Friday,
October 24, 2014
Exchange initial contention
interrogatory responses on issues
for which the party bears the
Friday,
October 31, 2014
laurdenof proof
1See Ground Rule 8.l(f) (pre-hearing brief should include a “statement of issues to be
considered at the hearing that sets forth with particularity a party’s contentions on each of the
proposed issues”).
_g_
EVENT
Johnson Outdoors
Proposed Schedule
Garmin
Proposed Schedule
Exchange initial contention interrogatory
responses on issues for which the party does
not bear the burden of proof
Tuesday
November 25: 2014
File notice of prior art
Friday,
November 28, 2014
File tentative list of witnesses a party will
call to testify at the hearing, with an
identification of each witness’ relationship
to the party
Deadline for final supplementation of
contention interrogatory responses regarding
issues as to which the party bears the burden
Friday,
November 28, 2014
Friday,
December 5, 2014
of proof
Second settlement conference
Wednesday,
December l0, 2014
Fact discovery cut-off and completion
Friday,
December 12, 2014
Deadline for final supplementation of
contention interrogatory responses for which
the party does not bear the burden of proof
Deadline for motions to compel discovery
Friday,
December 12, 2014
Submission of joint report on second
settlement conference
Wednesday,
December 17, 2014
Exchange of initial expert reports
Friday,
December 19, 2014
Friday,
December 12, 2014
Exchange of rebuttal expert reports
Friday,
January 16, 2015
Expert discovery cut-off and completion
Wednesday,
January 28, 2015
Deadline for filing summary
determination motions
Friday,
January 30, 2015
Exchange of exhibit lists among the parties
Wednesday,
February 4, 2015
Submit and serve direct exhibits (including
witness statements), with physical and
demonstrative exhibits relied upon in the
witness statement available
Friday,
February 6, 2015
H_
-3­
Johnson Outdoors
Proposed Schedule
EVENT
Garmin
Proposed Schedule
19
File pre-hearing statements and briefs
Friday,
—
File objections to direct exhibits (including
witness statements)
Third settlement conference
Submit and serve rebuttal exhibits (including
witness statements), with rebuttal physical and
demonstrative exhibits relied upon in the
witness statement available
March
6,2015
Friday,
February l3, 2015
Monday,
February 16, 2015
Friday,
February 20, 2015
File requests for receipt of evidence without a
witness
Submission of third settlement conference
joint report
Monday,
February 23, 2015
Monday,
February 23, 2015
File responses to objections to direct exhibits
(including witness statements)
File objections to rebuttal exhibits (including
witness statements)
Deadline for motions in limine
Friday,
March 6, 2015
File high priority objections statement
Friday,
March 6, 2015
File responses to objections to rebuttal exhibi ts
(including witness statements)
Submission of declarations justifying
confidentiality of exhibits
Friday,
March 13, 2015
File responses to high priority objections
statement
Friday,
March 13, 2015
File responses to motions in limine
Friday,
March 13,2015
Pre-hearing conference and
tutorial on technology (if necessary)
Friday,
April 3, 2015
Friday,
March 6, 2015
Friday,
March 6, 2015
Friday,
March 13,2015
Monday, April 6, 2015
to Friday, April 10, 2015
Hearing
Friday,
File initial post-trial briefs, proposed findings
of fact and law, and final exhibit lists
April24, 2015
_4_
Johnson Outdoors
Proposed Schedule
EVENT
Friday,
May 8, 2015
File reply post-trial briefs, objections and
rebuttals to proposed findings of fact
Initial Determination due
Garmin
Proposed Schedule
‘
Target date for completion of Investigation
‘
_5_
Monday,
July l3, 2015
November13
Friday, 20
CERTAIN MARINE SONAR IMAGING SYSTEMS,
PRODUCTS CONTAINING THE SAME, AND
COMPONENTS THEREOF
Inv. No. 337-TA-926
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached ORDER NO. 6 has been served
upon the Office of Unfair Import Investigations and the following parties, as indicated, on
October 15, 2014.
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@‘7Q@
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainants Johnson Outdoors Inc. and
Johnson Outdoors Marine Electronics. Inc.:
Douglas Sharrott, Esq.
[:1 Via Hand Delivery
FITZPATRICK, CELLA, HARPTER & SCINTO
U Via Express Delivflry
1290 Avenue of the Americas
New York, NY 10104-3800
Via First Class Mail
U other
On Behalf of Respondents Garmin International. Inc.,
Garmin North America. Inc.. Garmin USA, Inc., and Garmin
Corporation:
Nicholas Groombridge, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York, NY 10019
U Via Hand Delivery
Q Via Express Delivery
Via First Class Mail
U Other: