UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before the Honorable Charles E. Bullock
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELING
`HEADPHONES
`
`Inv. No. 337-TA-626
`
`PHITEK SYSTEMS LIMITED’S (NZ)
`MOTION TO AMEND PROTECTIVE ORDER
`
`Respondent Phitek Systems Limited (“Phitek”), pursuant
`
`to
`
`the United States
`
`International Trade Commission’s (“ITC’s”) Rules of Practice and Procedure, 19 C.F.R.
`
`§§ 210.34 and this Administrative Law Judge’s (“ALJ”) Ground Rule 3, hereby joins
`
`Respondents Audio-Technica U.S. Inc.’s (“Audio-Technica”) and Panasonic Corporation of
`
`North America’s (“Panasonic”) Motions to Amend Protective Order, and in so joining, moves to
`
`amend the Protective Order entered in this case (Order No. 1) so as to include the following
`
`language (as set forth in the Proposed Order filed by Panasonic):
`
`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:
`
`(a) During the pendency of this investigation and for two years after the full and
`final conclusion of this litigation, 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
`
`5040915v.3
`
`
`WASHINGTON, D.C. 20436
`
`Before the Honorable Charles E. Bullock
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELING
`HEADPHONES
`
`Inv. No. 337-TA-626
`
`PHITEK SYSTEMS LIMITED’S (NZ)
`MOTION TO AMEND PROTECTIVE ORDER
`
`Respondent Phitek Systems Limited (“Phitek”), pursuant
`
`to
`
`the United States
`
`International Trade Commission’s (“ITC’s”) Rules of Practice and Procedure, 19 C.F.R.
`
`§§ 210.34 and this Administrative Law Judge’s (“ALJ”) Ground Rule 3, hereby joins
`
`Respondents Audio-Technica U.S. Inc.’s (“Audio-Technica”) and Panasonic Corporation of
`
`North America’s (“Panasonic”) Motions to Amend Protective Order, and in so joining, moves to
`
`amend the Protective Order entered in this case (Order No. 1) so as to include the following
`
`language (as set forth in the Proposed Order filed by Panasonic):
`
`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:
`
`(a) During the pendency of this investigation and for two years after the full and
`final conclusion of this litigation, 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
`
`5040915v.3
`
`
`
`(b) Mr. Charles Hieken and all other persons who are involved with any
`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 amendment requested herein is required in order to protect Phitek from the inadvertent use
`
`or disclosure of its confidential information by persons who are prosecuting patents relating to
`
`the technology at issue in this proceeding, which would result in significant harm to Phitek.
`
`A memorandum in support of this Motion is filed herewith.
`
`RULE 3.2 CERTIFICATION
`
`Pursuant to this Court’s Ground Rule No. 3.2, the undersigned counsel hereby certifies
`
`that Phitek 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 Phitek’s
`
`confidential information, claiming that the Protective Order No. 1 adequately prevents the
`
`misuse of confidential documents.
`
`Dated: March 3, 2008
`
`Respectfully Submitted,
`
`/s/ Mark A. J. Fassold
`Bill Nash
`Dan Chapman
`Mark A. J. Fassold
`JACKSON WALKER L.L.P.
`112 E. Pecan Street, Suite 2400
`San Antonio, Texas 78205-1521
`Telephone: 210-978-7700
`Facsimile: 210-978-7790
`
`Attorneys for Phitek Systems Limited (NZ)
`
`5040915v.3
`
`- 2 -
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that copies of the foregoing Motion to Amend Protective Order has been
`served on March 3, 2008, as indicated, on the following:
`
`Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E. Street, S.W., Room 112A
`Washington, DC 20436
`Original and six copies
`
`The Honorable Charles E. Bullock
`Administrative Law Judge
`U.S. International Trade Commission
`500 E. Street, S.W., Room 317
`Washington, DC 20436
`
`2 copies
`
`Jennifer Whang
`Administrative Law Judge Attorney-Advisor
`
`2 copies w/out attachments
`
`T. Spence Chubb, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E. Street, S.W. Room 401-F
`Washington, DC 20436
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Delivery
`Via Facsimile
`Via E-File
`
`Via First Class Mail
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`
`Via Electronic Mail
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`
`5040915v.3
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`- 3 -
`
`
`
`Ruffin B. Cordell
`Andrew R. Kopsidas
`Jeffrey R. Whieldon
`FISH & RICHARDSON P.C.
`1425 K Street, N.W.
`Washington, DC 20005
`
`Attorneys for Complainant Bose Corporation
`
`Charles Hieken
`Gregory A. Madera
`Adam J. Kessel
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 02 1 10
`
`Attorneys for Complainant Bose Corporation
`
`James P. White
`Gerald T. Shekleton
`J. Aron Carnahan
`Welsh & Katz Ltd.
`120 South Riverside Plaza, 22nd Floor
`Chicago, Illinois 60606
`
`Attorneys for Respondent Audio Technica,
`U.S. Inc.
`
`Arthur Wineburg
`Daniel E. Yonan
`Akin Gump Strauss Hauer & Feld, LLP
`1333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`Attorneys for Respondent Audio Technica,
`U.S. Inc.
`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Delivery
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`Via Electronic Mail
`
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`Via Hand Delivery
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`
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`
`Via First Class Mail
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`Via Electronic Mail
`
`Tom M. Schaumberg
`
`5040915v.3
`
`Via First Class Mail
`
`- 4 -
`
`
`
`Jamie D. Underwood
`Adduci, Mastriani & Schaumberg, LLP
`1200 Seventeenth Floor, NW, Fifth Floor
`Washington, DC 20036
`
`Attorneys for Panasonic Corporation of North
`America
`Daniel Ebenstein
`Abraham Kasdan
`Joseph Casino
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`
`Attorneys for Panasonic Corporation of North
`America
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON FOERSTER
`2000 Pennsylvania Ave., NW
`Washington, D.C. 20006-1888
`
`Attorneys for Phitek Systems Limited and
`Creative Labs, Inc.
`
`Via Hand Delivery
`Via Overnight Delivery
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`
`Via First Class Mail
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`
`Via First Class Mail
`Via Hand Delivery
`Via Overnight Delivery
`Via Facsimile
`Via Electronic Mail
`
`/s/ Mark A. J. Fassold__________________
`Mark A. J. Fassold
`
`5040915v.3
`
`- 5 -
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