UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`
`I
`
`ORDER NO. 4: SETTING THE PROCEDURAL SCHEDULE
`
`. ’
`
`(February 4,2008)
`
`This investigation was instituted by the Commission on December 27,2007 d t h e b $ c e
`
`of investigation was published in the Federal Register on January 4,2008.’ The Administrative Law
`
`Judge set a fifteen-month target date of April 6, 2009 for completion of this investigation by the
`
`Commission in Order No. 2, issued on January 4, 2008. Order No. 2 also requested discovery
`
`statements from the parties by February 1,2008. On February 1 , 2008, separate discovery statements
`
`were received from Complainant Bose Corporation (“Bose”), the Commission Investigative Staff
`
`(“Staff’), and Respondents Phitek Systems Limited (New Zealand), GN Netcom, Inc., Audio
`
`Technica U.S., Inc., Creative Labs, Inc., Logitech Inc., and Panasonic Corporation ofNorth America.
`
`Based on a review of the proposed procedural schedules, the undersigned hereby adopts the
`
`following procedural schedule:
`
`First settlement conference
`
`Event
`
`Submission of first settlement conference joint report
`File identification of expert witnesses, including their expertise
`and curriculum vitae
`I Second settlement conference
`
`See 73 Fed. Reg. 882 (January 4,2008).
`
`Deadline Date
`By February 22,2008
`
`February 29,2008
`March 31,2008
`
`I BY April 7,2008
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`
`I
`
`ORDER NO. 4: SETTING THE PROCEDURAL SCHEDULE
`
`. ’
`
`(February 4,2008)
`
`This investigation was instituted by the Commission on December 27,2007 d t h e b $ c e
`
`of investigation was published in the Federal Register on January 4,2008.’ The Administrative Law
`
`Judge set a fifteen-month target date of April 6, 2009 for completion of this investigation by the
`
`Commission in Order No. 2, issued on January 4, 2008. Order No. 2 also requested discovery
`
`statements from the parties by February 1,2008. On February 1 , 2008, separate discovery statements
`
`were received from Complainant Bose Corporation (“Bose”), the Commission Investigative Staff
`
`(“Staff’), and Respondents Phitek Systems Limited (New Zealand), GN Netcom, Inc., Audio
`
`Technica U.S., Inc., Creative Labs, Inc., Logitech Inc., and Panasonic Corporation ofNorth America.
`
`Based on a review of the proposed procedural schedules, the undersigned hereby adopts the
`
`following procedural schedule:
`
`First settlement conference
`
`Event
`
`Submission of first settlement conference joint report
`File identification of expert witnesses, including their expertise
`and curriculum vitae
`I Second settlement conference
`
`See 73 Fed. Reg. 882 (January 4,2008).
`
`Deadline Date
`By February 22,2008
`
`February 29,2008
`March 31,2008
`
`I BY April 7,2008
`
`
`
`Event
`Submission of second settlement conference joint report
`
`I File notice of prior art
`I Exchange of initial expert reports
`
`File tentative list of witnesses a party will call to testifj at the
`hearing, with an identification of each witness’ relationship to the
`Party
`Exchange of rebuttal expert reports
`Fact discovery cutoff and completion
`Third settlement conference
`
`Deadline for motions to compel fact discovery
`Submission of third settlement conference joint report
`Expert discovery cutoff and completion
`
`I Deadline for filing summary determination motion
`I Exchange of exhibit lists among the parties
`
`Deadline for motions to compel expert discovery
`
`Submit and serve direct exhibits (including witness statements),
`with physical and demonstrative exhibits available --
`Complainant(s) and Respondent(s)
`Submit and serve direct exhibits (including witness statements),
`with physical and demonstrative exhibits available -- Staff
`File pre-trial statements and briefs -- Complainant(s) and
`Respondent( s)
`I File requests for receipt of evidence without a witness
`I File objections to direct exhibits (including witness statements)
`Submit and serve rebuttal exhibits (including witness statements),
`with rebuttal physical and demonstrative exhibits available -- all
`parties
`File pre-trial statement and brief -- Staff
`
`Deadline Date
`
`April 11,2008
`
`April 2 1,2008
`May 28,2008
`
`May 28,2008
`
`June 11,2008
`
`June 13,2008
`By June 16,2008
`June 18,2008
`June 20,2008
`
`June 27,2008
`
`June 30,2008
`
`June 30,2008
`
`July 2,2008
`
`July 7,2008
`
`July 11,2008
`
`luly 18,2008
`
`ruiy 21,2008
`luly 23,2008
`
`luly 23,2008
`
`luly 23,2008
`
`-2-
`
`
`
`Event
`Deadline for motions in Zimine
`
`File responses to objections to direct exhibits (including witness
`statements)
`
`File high priority objections statement
`
`File objections to rebuttal exhibits (including witness statements)
`File responses to high priority objections statement
`File responses to motions in Zimine
`File responses to objections to rebuttal exhibits (including witness
`statements)
`Tutorial (if necessary)
`
`Pre-trial conference
`
`Trial
`
`File initial post-trial briefs, proposed findings of fact and
`conclusions of law, and final exhibit lists
`File reply post-trial briefs, objections and rebuttals to proposed
`findings of fact
`
`I Initial Determination due
`
`Target date for completion of investigation
`
`Deadline Date
`
`July 25,2008
`
`July 28,2008
`
`July 28,2008
`
`July 28,2008
`July 29,2008
`July 30,2008
`July 3 1,2008
`
`August 1,2008 at 1O:OO
`a.m. in Courtroom B
`August 1,2008
`following tutorial
`August 4-12,2008 at
`9:00 a.m. in Courtroom
`B
`September 9,2008
`
`September 30,2008
`
`January 6,2009
`April 6,2009
`
`-3-
`
`
`
`For the dates set forth above that require a submission or filing, the date set forth is the date
`
`that the submission or filing must be at or filed at the Commission (by the close of business) and is
`
`not the date that such submission or filing is merely served.
`
`SO ORDERED.
`
`Charles E. Bullock
`Administrative Law Judge
`
`-4-
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`CERTIFICATE OF SERVICE
`
`I, Marilyn R. Abbott, hereby certify that the attached ORDER was served upon, T. Spence
`Chubb, Esq., Commission Investigative Attorney, and the following parties via first class mail
`, 2008..
`and air mail where necessary on February 4
`
`harilyn R. kbbott, Secretary &/6
`
`U.S. International Trade Commission
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`
`FOR COMPLAINANT BOSE CORPORATION:
`
`Autumn J. Hwang, Esq.
`Ruffin B. Cordell, Esq.
`Andrew R. Kopsidas, Esq.
`Jeffrey R. Whieldon, Esq.
`FISH & RICHARDSON, P.C.
`1425 K Street, N.W., 11" Floor
`Washington, DC 20005
`
`Charles Hieken, Esq.
`Gregory A. Madera, Esq.
`Adam J. Kessel, Esq.
`FISH & RICHARDSON, P.C.
`225 Franklin Street
`Boston, MA 021 10
`
`Jordan Fowles, Esq.
`FISH & RICHARDSON P.C.
`17 17 Main Street, Suite 5000
`Dallas, TX 75201
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`FOR RESPONDENTS PHITEK SYSTEMS LIMITED
`
`Alan Cope Johnson, Esq.
`G. Brian Busey, Esq.
`Cynthia Lopez, Esq.
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Ave, N.W.
`Washington, DC 20006
`
`Dan Chapman, Esq.
`Mark Fassold, Esq.
`JACKSON WALKER L.L.P.
`1 12 E. Pecan Street, Suite 2400
`San Antonio, TX 78205
`
`FOR RESPONDENT AUDIO TECHNICA U.S., INC.
`
`Daniel E. Yonan, Esq.
`Arthur Wineburg, Esq.
`AKIN GUMP STRAUSS HAUER & FELD LLP
`1333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`James P. White, Esq.
`Gerald T. Shekleton, Esq.
`J. Aron Carnanhan, Esq.
`WELSH & KATZ, LTD.
`120 South Riverside Plaza, 22nd Floor
`Chicago, IL 60606
`
`FOR RESPONDENT CREATIVE LABS INC.
`
`Alan Cope Johnston, Esq.
`G. Brian Busey, Esq.
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Avenue, N.W., Suite 5500
`Washington, DC 20006
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`FOR RESPONDENT PANASONIC CORPORATION OF NORTH AMERICA
`
`Tom M. Schaumberg, Esq.
`Jamie D. Underwood, Esq.
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1200 Seventh Street, N.W., Fifth Floor
`Washington, DC 20036
`
`Daniel S. Ebenstein, Esq.
`AMSTER ROTHSTEIN & EBENSTEIN, L.L.P.
`90 Park Avenue
`New York, NY 100 16
`
`RESPONDENTS:
`
`GN NETCOM, INC.
`77 Northeastern Boulevard
`Nashua, NH 03062
`
`LOGITECH INC.
`6505 Kaiser Drive
`Fremont, CA 94555
`
`Sherry Robinson
`LEXIS - NEXIS
`8891 Gander Creek Drive
`Miamisburg, OH 45342
`
`Ronnita Green
`Thomson West
`1100 - 13* Street NW
`Suite 200
`Washington, DC 20005
`
`PUBLIC MAILING LIST
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