UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`Before the Honorable char^^^^
`
`V ; * 3 :::(ET
`
`UfIlC, I t :I IO -
`
`1 ,U(
`
`4 : q
`
`IN THE MATTER OF
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`Respondent Panasonic Corporation of North America ("PNA"), pursuant to 19 C.F.R. 9
`
`210.34 and this Administrative Law Judge's ("ALJ") Ground Rule 3, hereby joins in the Motion
`
`to Amend Protective Order filed by Respondent Audio-Technica U.S., Inc. ("Audio-Technical')
`
`on February 27, 2008. PNA further moves to amend the Protective Order entered in this
`
`Investigation (Order No. 1) so as to include the following language (as set forth in the Proposed
`
`Order filed herewith):
`
`18. Within 5 business days of the date of this amendment to the
`Protective Order, Complainant shall elect, in writing served upon this Court and
`all the parties to this Investigation, to be governed by one of the following two
`options:
`
`During the pendency of this Investigation and for two years
`(a)
`after the full and final conclusion of this Investigation, including
`all appeals, Mr. Charles Hieken, and all other persons who are
`provided access to Confidential Business Information of any
`Respondent covered by this Protective Order, will not participate
`in, direct or supervise any patent prosecution activity involving the
`subject matter of the patents in suit or in the field of headphone
`technology, and will not, at any time, directly or indirectly,
`disclose or discuss such Confidential Business Information to or
`with any member or employee of their firm or other persons
`engaged in the prosecution of patent applications on behalf of Bose
`involving the subject matter of the patents in suit or in the field of
`headphone technology, and an appropriate ethical wall shall further
`be put in place to prevent such disclosure;
`
`
`Washington, DC
`
`Before the Honorable char^^^^
`
`V ; * 3 :::(ET
`
`UfIlC, I t :I IO -
`
`1 ,U(
`
`4 : q
`
`IN THE MATTER OF
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`Respondent Panasonic Corporation of North America ("PNA"), pursuant to 19 C.F.R. 9
`
`210.34 and this Administrative Law Judge's ("ALJ") Ground Rule 3, hereby joins in the Motion
`
`to Amend Protective Order filed by Respondent Audio-Technica U.S., Inc. ("Audio-Technical')
`
`on February 27, 2008. PNA further moves to amend the Protective Order entered in this
`
`Investigation (Order No. 1) so as to include the following language (as set forth in the Proposed
`
`Order filed herewith):
`
`18. Within 5 business days of the date of this amendment to the
`Protective Order, Complainant shall elect, in writing served upon this Court and
`all the parties to this Investigation, to be governed by one of the following two
`options:
`
`During the pendency of this Investigation and for two years
`(a)
`after the full and final conclusion of this Investigation, including
`all appeals, Mr. Charles Hieken, and all other persons who are
`provided access to Confidential Business Information of any
`Respondent covered by this Protective Order, will not participate
`in, direct or supervise any patent prosecution activity involving the
`subject matter of the patents in suit or in the field of headphone
`technology, and will not, at any time, directly or indirectly,
`disclose or discuss such Confidential Business Information to or
`with any member or employee of their firm or other persons
`engaged in the prosecution of patent applications on behalf of Bose
`involving the subject matter of the patents in suit or in the field of
`headphone technology, and an appropriate ethical wall shall further
`be put in place to prevent such disclosure;
`
`
`
`or
`
`(b) Mr. Charles Hieken, and all other persons who are involved
`with any patent prosecution activity involving the subject matter of
`the patents in suit or in the field of headphone design, shall not be
`provided access to the Confidential Business Information of any
`Respondent covered by this Protective Order.
`
`The foregoing amendment to the Protective Order expands the restrictions requested by
`
`Audio-Technica to cover Confidential Business Information produced by any Respondent. The
`
`amendment requested herein is required in order to protect PNA from the inadvertent use or
`
`disclosure of its Confidential Business Information by persons who are prosecuting patents
`
`relating to the technology at issue in this proceeding, which would result in significant harm to
`
`PNA.
`
`A Memorandum in support of this Motion is filed herewith.
`
`RULE 3.2 CERTIFICATION
`
`Pursuant to this ALJ's Ground Rule 3.2, undersigned counsel hereby certifies that PNA
`
`has made reasonable, good-faith efforts to contact and resolve the matter raised in this Motion
`
`with Bose at the Discovery Conference between the parties on February 11, 2008, and Bose
`
`declined to agree to a prosecution bar or limit on prosecution counsel's access to PNA's
`
`Confidential Business Information, claiming that the Protective Order No. 1 adequately prevents
`
`the misuse of confidential documents.
`
`DATE: February 28,2008
`
`Respectfully submitted,
`
`h
`
`ADDUCI, MASTRIANI & SCHAUMBERG, LLP
`1200 Seventeenth Street, NW, Fifth Floor
`Washington, DC 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 466-2006
`
`2
`
`
`
`Daniel S. Ebenstein
`Abraham Kasdan
`Joseph M. Casino
`David A. Boag
`AMSTER, ROTHSTEIN & EBENSTEIN LLP
`90 Park Avenue
`New York, NY 100 16
`Telephone: (212) 336-8000
`Facsimile: (212) 336-8001
`
`Counsel for Panasonic Corporation
`of North America
`
`PAN701208
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the MOTION BY PANASONIC CORPORATION OF
`NORTH AMERICA TO AMEND THE PROTECTIVE ORDER (PUBLIC) was served as
`indicated, to the parties listed below, this 28th day of February 2008:
`
`The Honorable Charles E. Bullock
`ADMINISTRATIVE LAW JUDGE
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 317
`Washington, DC 20436
`(VIA HAND DELIVERY - 2 copies)
`
`The Honorable Marilyn R. Abbott
`SECRETARY
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`(VIA HAND DELIVERY - original + 6 copies)
`T. Spence Chubb
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 401s
`Washington, DC 20436
`(VIA HAND DELIVERY)
`
`COUNSEL FOR COMPLAINANT BOSE CORPORATION
`Jordan Fowles
`Ruffin B. Cordell
`FISH & RICHARDSON P.C.
`Andrew R. Kopsidas
`717 Main Street, Suite 500
`Jeffrey R. Whieldon
`Dallas, Texas 75201
`FISH & RICHARDSON P.C.
`1425 K Street, N.W., Suite 1100
`(VIA FEDERAL EXPRESS)
`Washington, DC 20005
`(VIA HAND DELIVERY)
`
`COUNSEL FOR RESPONDENTS CREATIVE LABS,
`PHITEK SYSTEMS, GN NETCOM AND LOGITECH, INC.
`William B. Nash
`Dan Chapman
`Mark Fassold
`JACKSON WALKER L.L.P.
`1 12 E. Pecan Street, Suite 2400
`San Antonio, Texas 78205
`(VIA FEDERAL EXPRESS)
`
`
`
`COUNSEL FOR RESPONDENT PHITEK SYSTEMS
`Alan Cope Johnson
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Avenue, NW
`Washington, DC 20006
`(VIA HAND DELIVERY)
`
`COUNSEL FOR RESPONDENT AUDIO TECHNICA U.S., INC.
`James P. White
`Arthur Wineburg
`Daniel E. Yonan
`Gerald T. Shekleton
`AKIN GUMP STRAUSS HAUER & FELD LLP
`J. Aron Carnahan
`1333 New Hampshire Avenue, N.W.
`WELSH & KATZ, LTD.
`120 South Riverside Plaza, 22"d Floor
`Washington, DC 20036
`Chicago, Illinois 60606
`(VIA HAND DELIVERY)
`(VIA FEDERAL EXPRESS)
`
`ADDUCI, MASTRIA& & SCHAUMBERG, L.L.P.
`1200 Seventeenth Street, N.W., Fifth Floor
`Washington, DC 20036
`
`PAN1 00008
`
`2
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