UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`Before Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`1"“ N°' 337'TA'626
`
`RESPONDENTS PHITEK SYSTEMS LIMITED, CREATIVE LABS, INC., LOGITECH,
`INC. AND GN NETCOM, INC.’S IDENTIFICATION OF EXPERTS
`
`Pursuant Ground Rule 6 of Order No. 2 (Ground Rules) and Order No. 4 (Setting the
`
`Procedural Schedule), Certain Noise Cancelling Headphones,
`
`Inv. No.
`
`337-TA—626,
`
`Respondents Phitek Systems Limited (“Phitek”), Creative Labs, Inc. (“Creative”), Logitech, Inc.
`
`(“Logitech”) and GN Netcom,
`
`Inc. (“GN Netcom”) (hereinafter collectively referred to as
`
`“Respondents”) files this Respondents’ Identification of Experts as follows:
`
`IDENTIFICATION OF EXPERTS
`
`I.
`
`Respondents may call one or more of the persons hereinafter identified to testify as expert
`
`witnesses, and may solicit the opinions hereinafter identified, on either direct examination or
`
`cross-examination:
`
`1.
`
`Douglas F. Winker
`12007 Rotherham
`
`Austin, Texas 78753
`
`Mr. Winkler’s curriculum vitae is attached hereto as Exhibit A.
`
`2.
`
`Keith Robert Holland
`
`University of Southampton
`SO17 lBJ
`
`United Kingdom
`
`Mr. Holland’s curriculum vitae is attached hereto as Exhibit B.
`
`5060330v.4 123214/00004
`
`1
`
`
`
`Washington, D.C.
`
`Before Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`1"“ N°' 337'TA'626
`
`RESPONDENTS PHITEK SYSTEMS LIMITED, CREATIVE LABS, INC., LOGITECH,
`INC. AND GN NETCOM, INC.’S IDENTIFICATION OF EXPERTS
`
`Pursuant Ground Rule 6 of Order No. 2 (Ground Rules) and Order No. 4 (Setting the
`
`Procedural Schedule), Certain Noise Cancelling Headphones,
`
`Inv. No.
`
`337-TA—626,
`
`Respondents Phitek Systems Limited (“Phitek”), Creative Labs, Inc. (“Creative”), Logitech, Inc.
`
`(“Logitech”) and GN Netcom,
`
`Inc. (“GN Netcom”) (hereinafter collectively referred to as
`
`“Respondents”) files this Respondents’ Identification of Experts as follows:
`
`IDENTIFICATION OF EXPERTS
`
`I.
`
`Respondents may call one or more of the persons hereinafter identified to testify as expert
`
`witnesses, and may solicit the opinions hereinafter identified, on either direct examination or
`
`cross-examination:
`
`1.
`
`Douglas F. Winker
`12007 Rotherham
`
`Austin, Texas 78753
`
`Mr. Winkler’s curriculum vitae is attached hereto as Exhibit A.
`
`2.
`
`Keith Robert Holland
`
`University of Southampton
`SO17 lBJ
`
`United Kingdom
`
`Mr. Holland’s curriculum vitae is attached hereto as Exhibit B.
`
`5060330v.4 123214/00004
`
`1
`
`
`
`3.
`
`Elmer Hixson, Ph.D.
`Cockrell School of Engineering
`University of Texas at Austin
`
`Dr. Hixson’s curriculum vitae is attached hereto as Exhibit C.
`
`Respondents cross-designate Audio-Technica US,
`
`lnc.’s identified expert, Marshall
`
`Buck, to testify as an expert witnesses, and may solicit the opinions of Marshal Buck, on either
`
`direct examination or cross-examination, based on his curriculum vitae, expertise and expert
`
`report as provided by Audio-Technica US, Inc.
`
`EXPERTISE OF IDENTIFIED EXPERTS
`
`II.
`
`Mr. Winker, Mr. Holland and Dr. Hixson have expertise in acoustics which includes, but
`
`is not limited to, the following expertise with respect to the Accused Products and the claims at
`
`issue in this suit:
`
`acoustics engineering, technical specifications, design, structure, operation,
`
`circuitry,
`
`functionality, measurements, acoustic testing, acoustic testing procedures and
`
`methodology,
`
`the analysis and meaning of acoustical products and empirical test results, the
`
`meaning of claim terms, parts and nomenclature, and the nature, scope and content of prior art.
`
`Mr. Winker, Mr. Holland and Dr. Hixson may testify regarding the technical background
`
`and prior art, the interpretation of claims, the (in)validity or (un)enforceability of the patents in
`
`suit, the alleged infringement of the patents in suit by the Accused Products, the alleged practice
`
`of the patents in suit by Bose’s domestic industry products,
`
`the analysis performed on
`
`Respondents’ and Claimant’s products, and other
`
`issues in connection with Bose’s and
`
`Respondents’ claims and defenses in this investigation. The expert may also rebut the expert
`
`witness reports and testimony of the Complainant’s experts.
`
`5060330v.4 128214/00004
`
`
`
`Respondents will serve the expert reports of Mr. Winker, Mr. Holland and Dr. Hixson in
`
`accordance with the Procedural Schedule as set forth in Order 4 (Setting the Procedural
`
`Schedule), Certain Noise Cancelling Headphones, lnv. No. 337-TA-626.
`
`III.
`
`RESERVATION OF RIGHTS
`
`Respondents
`
`reserve the right
`
`to supplement
`
`this
`
`identification in response to
`
`identification, contentions, or allegations not currently known to Respondents.
`
`If Complainant
`
`objects to the disclosure of confidential business information to any of the expert witness
`
`designations, Respondents reserve the right to identify a substitute.
`
`Respondents reserve the right to supplement its expert’s designations and reports in
`
`accordance with 19 C.F.R. § 210.27(c), Ground Rule 6 of Order No. 2 (Ground Rules) and Order
`
`No. 4 (Setting the Procedural Schedule), Certain Noise Cancelling Headphones, lnv. No. 337-
`
`TA-626.
`
`Respondents reserve the right to rebut or contradict any opinions, expert witness reports
`
`and/or testimony made by the Complainant and any other party through expert opinion, if any.
`
`In addition to the above-mentioned witnesses, Respondents reserve the right to examine
`
`and/or cross-examine any expert witnesses designated by any other party in the above-referenced
`
`matters, and also reserves the right to call additional expert witnesses on any rebuttal issue, the
`
`need for which is not know at this state of litigation, and cannot be reasonably known at this
`
`stage. Respondents will designate rebuttal experts in accordance with the Procedural Schedule
`
`as set forth in Order 4 (Setting the Procedural Schedule), Certain Noise Cancelling Headphones,
`
`lnv. No. 3 3 7-TA-626.
`
`5060330v.4 128214/00004
`
`
`
`Dated: March 31, 2008
`
`Respectfully submitted,
`
`/s/ William B. Nash
`William B. Nash
`
`Daniel Chapman
`Mark A. J. Fassold
`
`JACKSON WALKER LLP
`
`112 E. Pecan, Suite 2400
`
`San Antonio, Texas 78205
`
`(210) 978-7700
`(210) 242—4620
`
`Alan Cope Johnson
`G. Brian Busey
`Cynthia Beverage
`MORRISON & FOERSTER, L.L.P.
`2000 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`
`ATTORNEYS FOR PHITEK SYSTEMS LIMITED,
`CREATIVE LABS, INC., LOGITECH, INC. AND
`GN NETCOM, INC.
`
`5060330v.4 128214/00004
`
`
`
`CERTIFICATE OF SERVICE
`
`Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E. Street, S.W., Room 112A
`Washington, DC 20436
`
`The Honorable Charles E. Bullock
`Administrative Law Judge
`U.S. lntemational 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. lntemational Trade Commission
`500 E. Street, S.W. Room 40l—F
`Washington, DC 20436
`
`V1a First Class Mail
`I:|
`[1 Via Hand Delivery
`El Via Overnight Delivery
`_
`_
`_
`[3 Via Facslmlle
`[3 Via E—File
`
`D Not Served
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`[Xi Via First Class Mail
`[:| Via Hand Delivery
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`[3 Vla Ovemght Dehvery
`[3
`V1a Facsimlle
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`[XI Via Electronic Mail
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`1a
`[X
`[XI Via First Class Mail
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`V13 Facslmlle
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`[3 Not Served
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`5060330v.4 128214/00004
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`
`
`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
`igegory A. Maldera
`J. K
`F1s£iI~in& RICOIICARDSON P.C.
`225 Franklin Street
`
`Boston’ MA 02 1 10
`
`Attorneys for Complainant Bose Corporation
`
`El:H:ll:l@
`
`Via First Class Mail
`
`Via Hand Delivery
`
`Via Overnight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`X] Via First Class Mail
`D Via Hand Delivery
`.
`.
`.
`D V” Ovemght Dehvery
`D Via Facsimile
`
`X] Via Electronic Mail
`
`James P. White
`Gerald T. Shekleton
`J‘ Aron Camahan
`Welsh & Katz Ltd.
`l20 South Riverside Plaza, 22“ Floor
`Chicagi-L IiiiI10iS 50506
`
`Kl Via First Class Mail
`[3 Via Hand Delivery
`D Via Overnight Delivery
`.
`.
`.
`D V13 Facslmlle
`X] Via Electronic Mail
`
`Attorneys
`U.S. lnc.
`
`for Respondent Audio Technica,
`
`Arthur Wineburg
`Daniel E. Yonan
`Akin Gump Strauss Hauer & Feld, LLP
`l333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`Attorneys
`U.S. Inc.
`
`for Respondent Audio Technica,
`
`X] Via First Class Mail
`[3 Via Hand Delivery
`D Via Overnight Delivery
`D V. F
`.
`.1
`13 acslml 6
`X] Via Electronic Mail
`
`5060330v.4 128214/00004
`
`
`
`Tom M. Schaumberg
`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
`(}_ Brian Buggy
`Cynthia Lopez Beverage
`MORRISON FOERSTER
`2000 Pennsylvania Ave., NW
`W3ShlngtOn,
`
`for Phitek Systems Limited and
`Attorneys
`Creative Labs, Inc.
`
`lZll:ll:ll:lEZl
`
`Via First Class Mail
`
`Via Hand Delivery
`
`Via Overnight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`El Via First Class Mail
`El
`Hand DCllVCI‘y
`D Via Overnight Delivery
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`D V18 Facslmlle
`IX} Via Electronic Mail
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`D Via Overnight Delivery
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`D V13 Faeslmlle
`E
`Elgctronic
`
`/s/ William B. Nash
`
`William B. Nash
`
`5060330\/.4 128214/00004
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