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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DISTRICT OF COLUMBIA
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`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
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`In the Matter of:
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`CERTAIN REUSABLE DIAPERS,
`COMPONENTS THEREOF, AND PRODUCTS
`CONTAINING THE SAME
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`Investigation No. 337-TA-1077
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`JOINT UNOPPOSED MOTION TO STAY THE PROCEDURAL SCHEDULE
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`Pursuant to Commission Rule 210.15, Complainant Cotton Babies, Inc., and Respondents
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`Alvababy.com (“Alvababy”), Shenzhen Adsel Trading Co., Ltd. d/b/a Alva (“Adsel”), Huizhou
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`Huapin Garment Co., Ltd. (“Huizhou”) (collectively, “Respondents”) jointly move for a stay of
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`the Procedural Schedule (Order No. 4) as discussed further below.
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`Ground Rule 3.2 Certification
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`Complainant and Respondents discussed the subject of this motion with the Commission
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`Investigative Attorney and he has indicated that the Office of Unfair Import Investigations does
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`not oppose this motion. Staff Attorney has waived the two-day notice requirement of Ground Rule
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`2.2 and consents to the timing of Complainant’s and Respondents’ filing of the motion.
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`DISCUSSION AND ARGUMENT
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`As background, the Commission instituted this investigation based on a Complaint filed
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`by Complainant asserting infringement of claims 1, 13, 20 and 21 of U.S. Patent No. 8,518,007
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`(“the ‘007 Patent”) and infringement of U.S. Trademark Registration No. 4,120,270 (“the ‘270
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`Trademark”). Complainant subsequently filed a motion for partial termination of the
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`investigation as to claims 20 and 21 of the ‘007 patent, which was granted by the ALJ and not
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`reviewed by the Commission. See Order No. 6 and Commission’s March 12, 2018 Notice.
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`Good cause exists for a stay of the Procedural Schedule. Complainant is concurrently
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`filing with the instant Motion, a motion to terminate based on withdrawal of the Complaint
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`against Respondents pursuant to 19 C.F.R. § 210.21(a)(1). As such, Complainant and
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`Respondents are jointly moving to stay the Procedural Schedule to conserve the resources of the
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`Commission and the parties. Commission precedent supports a stay of the Procedural Schedule
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`pending resolution of a motion to terminate to conserve resources. See, e.g., Certain Radio
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`Frequency Integrated Circuits & Devices Containing Same, Inv. No. 337-TA-848, Order No. 9
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`(Oct. 15, 2012) (granting complainant’s motion to terminate investigation based on withdrawal
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`of complaint and staying the investigation pending the Commission’s final determination on the
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`motion); Certain Food Waste Disposers & Components & Packaging Thereof, Inv. No. 337-TA-
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`838, Order No. 8 at 2 (Dec. 11, 2012) (terminating investigation based on withdrawal of the
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`complaint the business day before the evidentiary hearing and suspending the procedural
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`schedule). Thus, a stay of the Procedural Schedule is respectfully requested pending
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`Complainant’s motion to terminate, which is being filed concurrently.
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`CONCLUSION
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`For all these reasons, Complainant and Respondents respectfully request that the
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`Administrative Law Judge grant this Motion and stay the Procedural Schedule pending the
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`outcome of Complainant’s motion to terminate.
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`2
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`Dated: March 16, 2018
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`Respectfully submitted,
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`/s/Sudip Kundu
`Sudip K. Kundu
`Kundu PLLC
`1300 I Street, NW, Suite 400E
`Washington, DC 20005
`Sudip.Kundu@KunduPLLC.com
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`Matthew L. Cutler
`Joel R. Samuels
`Harness, Dickey & Pierce, PLC
`7700 Bonhomme, Suite 400
`Clayton, MO 63105
`Telephone: (314) 726-7500
`Facsimile: (314) 726-7501
`mcutler@hdp.com
`jsamuels@hdp.com
`CBITC@hdp.com
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`Glenn Forbis
`Harness, Dickey & Pierce, PLC
`5445 Corporate Drive, Suite 400
`Troy, Michigan 48098
`Telephone: (248) 641-1600
`Facsimile: (248) 641-0270
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`Counsel for Cotton Babies, Inc.
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`/s/ LyleVander Schaaf
`Lyle B. Vander Schaaf
`Fei Hu
`Evi Christou
`BRINKS GILSON & LIONE
`1775 Pennsylvania Avenue, NW, Suite 900
`Washington, DC 20006
`Telephone: (202) 296-8700
`Facsimile: (202) 296-8701
`lvanderschaaf@brinksgilson.com
`AdselITC@brinksgilson.com
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`Harold Johnson
`BRINKS GILSON & LIONE
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Drive
`Chicago, IL 60611
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`Counsel for Respondents Shenzhen Adsel
`Trading Co., Ltd., Alvababy.com and
`Huizhou Huapin Garment Co., Ltd.
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`3
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing was served to the parties in the manner
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`indicated below, this 16th day of March 2018:
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`The Honorable MaryJoan McNamara
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, SW Washington, DC 20436
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`John Shin
`Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, SW Washington, DC 20436
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`Alvababy.com
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`BRINKS GILSON & LIONE
`1775 Pennsylvania Avenue, NW, Suite 900
`Washington, DC 20006
`Tel: (202) 296-8700
`Fax: (202) 296-8701
`AdselITC@brinksgilson.com
`Shenzhen Adsel Trading Co., Ltd.
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`BRINKS GILSON & LIONE
`1775 Pennsylvania Avenue, NW, Suite 900
`Washington, DC 20006
`Tel: (202) 296-8700
`Fax: (202) 296-8701
`AdselITC@brinksgilson.com
`Huizhou Huapin Garment Co., Ltd.
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`BRINKS GILSON & LIONE
`1775 Pennsylvania Avenue, NW, Suite 900
`Washington, DC 20006
`Tel: (202) 296-8700
`Fax: (202) 296-8701
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`Via Electronic Mail
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`Via Electronic Mail
`John.Shin@usitc.gov
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`Via Electronic Mail
`AdselITC@brinksgilson.com
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`Via Electronic Mail
`AdselITC@brinksgilson.com
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`Via Electronic Mail
`AdselITC@brinksgilson.com
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`/s/Sudip Kundu
`Kundu PLLC
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`4
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