UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN FORMATTED MAGNETIC
DATA STORAGE TAPES AND
CARTRIDGES CONTAINING THE SAME
1,,“ N, 337_TA_931
Order No. 5: Procedural Schedule
In accordance with the target date set in Order No. 4, the undersigned has determined that
this investigation shall be conducted in accordance with the following schedule.
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Deadline Date
Complainant to ﬁle ﬁrst declaration regarding efforts to
reduce number of patents and patent claims at issue (GR 6.a)
Thursday, November 6, 2014
Deadline for parties to exchange list of tenns to be construed
Tuesday, November 18, 2014
Deadline for private parties to exchange proposed claim
constructions
Tuesday, December 2, 2014
Deadline for ﬁrst settlement conference
Thursday, December 4, 2014
Submission of ﬁrst settlement conference joint report
Tuesday, December 9, 2014
Deadline for Staff to respond to or propose claim
constructions
Friday, December 12, 2014
Parties to meet and confer to discuss and limit number of
disputed claim terms
Tuesday, December 16, 2014
File notice of prior art
Tuesday, December 16, 2014
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Parties to ﬁle initial joint statement regarding identiﬁcation of
accused products
Deadline for:
fDeaidline Date;
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Monday, December 22, 2014
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1. Complainant to ﬁle list of all products it will rely upon to
satisfy domestic industry requirement
2. Complainant to ﬁle initial list of proposed representative
accused products based on Complainant's infringement
contentions
Deadline for Respondents and Staff to ﬁle responses to
Complainant’s proposed representative accused products
Parties to ﬁle joint chart setting forth:
1. A joint list of disputed claim terms and the proposed
constructions thereof
Tuesday, December 30, 2014
Tuesday, January 6, 2015
Tuesday, January 6, 2015
2. A joint list of claim terms that must be construed but
Whosemeanings are not disputed and the joint proposed
constructions thereof
Deadline for initial responses to contention interrogatories on
issues for which a party bears the burden of proof
Thursday, January 8, 2015
File identiﬁcation of expert witnesses, including their
expertise and curriculum vitae
Tuesday, January 13, 2015
File tentative list of witnesses a party will call to testify at the
hearing, with an identiﬁcation of each witness’s relationship
to the party
Thursday, January 15, 2015
Parties to ﬁle ﬁnal joint statement regarding identiﬁcation of
accused products
Tuesday, January 27, 2015
Parties to ﬁle ﬁnal joint stipulation regarding representative
accused products
Tuesday, January 27, 2015
Deadline for initial responses to contention interrogatories on
issues for which a party does not bear the burden of proof
Thursday, January 29, 2015
Friday, February 13, 2015
Fact discovery cutoff and completion
Thursday, February 19, 2015
Deadline for motions to compel fact discovery
Deadline for formal supplementation of contention
interrogatory responses
Friday, February 20, 2015
File and exchange initial expert reports on issues on which the
party bears the burden of proof
Friday, February 27, 2015
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File and exchange rebuttal expert reports
Monday, March 16, 2015
Parties to submit (to administrative law judge) PDF versions
of initial and rebuttal expert reports on CD, DVD, or ﬂash
drive (GR 4.b)
Thursday, March 19, 2015
Thursday April 2, 2015
Expert discovery cutoff and completion
Deadline for second settlement conference
Friday, April 3, 2015
Deadline for motions to compel expert discovery
Wednesday, April 8, 201 5
Deadline for ﬁling summary determination motions
Friday, April 10, 2015
Submission of second settlement conference joint report
Friday, April 10, 2015
Exchange of exhibit lists among the patties
Wednesday, April 22, 2015
Exchange of direct exhibits (including Witness statements)
with physical and demonstrative exhibits available —
Complainant and Respondents
Wednesday, April 29, 2015
Exchange of direct exhibits (including witness statements)
with physical and demonstrative exhibits available —Staff
Tuesday, May 5, 2015
File objections to direct exhibits (including witness
statements)
Wednesday, May 13, 2015
Exchange of rebuttal exhibits (including witness statements),
with rebuttal physical and demonstrative exhibits available —
all parties
Wednesday, May 13, 2015
File responses to objections to direct exhibits (including
witness statements)
Tuesday, May 19, 2015
File preheating statements and briefs —Complainant and
Respondents
Tuesday, May 19, 2015
Deadline for motions in Iimine
Wednesday, May 20, 2015
File statement of high priority objections
Wednesday, May 20, 2015
File objections to rebuttal exhibits (including witness
statements)
Friday, May 22, 2015
Tuesday, May 26, 2015
File prehearing statement and brief —Staff
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File requests for receipt of evidence without a sponsoring
witness
Submit witness statements in binders and on a single hard
drive (GR 8.a, 115)
Deadline Date,
Tuesday, May 26, 2015
Tuesday, May 26, 2015
File responses to motions in limine
Wednesday, May 27, 2015
File responses to high priority objections statement
Wednesday, May 27, 2015
File responses to objections to rebuttal exhibits (including
witness statements)
Wednesday, May 27, 2015
Tuesday, June 9, 2015
Pre-hearing Conference
Tuesday, June 9, 2015 —
Hearing
Monday, Jtme 15,2015
File initial post-hearing briefs, ﬁnal exhibit lists, and joint
outline of the issues (GR l l.a)
Wednesday, July l, 2015
Friday, July 10, 2015
File reply post-hearing briefs
Final Initial Determination
Friday, September 18, 2015
Target Date
Monday, January 18, 2016
So ordered.
H204
David P. Shaw
Administrative Law Judge
Issued: October 30, 2014
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CERTAIN FORMATTED MAGNETIC DATA STORAGE TAPES AND CARTRIDGES
CONTAINING THE SANIE
INV. NO. 337-TA-931
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached Order N0. 5 has been served by hand upon the
Commission Investigative Attomey, Monisha Deka, Esq., and the following parties as indicated,
on
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Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street SW, Room 112A
Washington, DC 20436
FOR COMPLAINANT ADVANCEDRESEARCH CORPORATION:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN &
NICKEL, PC
1899 L Street, NW, Suite 1150
Washington, DC 20036
a Hand Delivery
press Delivery
1aFirst Class Mail
ther:
FOR RESPONDENT INTERNATIONAL BUSINESS MACHINES CORR:
D. Sean Trainor, Esq.
KIRKLAND & ELLIS LLP
( ) Via Hand Delivery
( )
ress Delivery
655 Fifteenth Street, NW
( \»%i:First Class Mail
Washington, DC 20005
( ) Other:
CERTAIN FORMATTED MAGNETIC DATA STORAGE TAPES AND CARTRIDGES
CONTAINING THE SAME
INV. NO. 337-TA-931
FOR RESPONDENT ORACLE CORPORATION:
Nina S. Tallon, Esq.
( ) Via Hand Delivery
WILMER CUTLER PICKERING HALE AND
DORR LLP
( ) E ess Delivery
(i)/Ti‘? First ClassMail
1875 Pennsylvania Ave., NW
Washington, DC 20006
( ) Other:
IFOR RESPONDENTS FUJIFILM CORPORATION AND FUJTFILM HOLDINGS
CORPORATION:
Steven J. Routh, Esq.
( ) Via Hand Delivery
ORRICK, HERRINGTON & SUTCLIFFE, LLP
1152 15th St., NW
( )
press Delivery
(>4/\P;l;First Class Mail
Washington, DC 20005
( ) Other: