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UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before Honorable Charles E. Bullock
`Administrative Law Judge
`
`
`
`
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`Investigation No. 337-TA-626
`
`
`
`JOINT MOTION TO AMEND ORDER NO. 4: SETTING
`THE PROCEDURAL SCHEDULE
`Complainant Bose Corporation and Respondents Phitek Systems Limited, Creative Labs,
`
`Inc., Audio-Technica U.S., Inc., and Panasonic Corporation of North America (collectively,
`
`“Respondents”) hereby jointly submit this motion to amend the Court’s Procedural Schedule
`
`(Order No. 4) regarding the third settlement conference. Specifically, the parties request that the
`
`deadlines for the third settlement conference, currently set for June 16, 2008, and the submission
`
`of third settlement conference joint report, currently set for June 20, 2008, be moved to July 11
`
`and July 18, 2008, respectively. The parties believe that settlement discussions may have a
`
`greater likelihood of success if conducted after the close of expert discovery, thus, necessitating
`
`the proposed amended deadlines. The parties agree that this third settlement conference will
`
`include persons representing the private parties who have the authority to settle.
`
`The ITC Staff attorney has informed the parties that the Staff has no objection to the
`
`proposed amendment. Thus, the motion is unopposed.
`
`Good cause exists for the proposed amendment because it is believed the amendment will
`
`increase the likelihood of settlement.
`
`
`
`
`
`

`
`
`
`
`
`
`
`
`Dated: June 16, 2008
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`FISH & RICHARDSON P.C.
`
`/s/ Autumn J.S. Hwang
`
`Ruffin B. Cordell
`Andrew R. Kopsidas
`Jeffrey R. Whieldon
`Autumn J.S. Hwang
`FISH & RICHARDSON P.C.
`1425 K Street, N.W.
`11th Floor
`Washington, D.C. 20005
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`Charles Hieken
`Gregory A. Madera
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 02110
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`
`Jordan T. Fowles
`FISH & RICHARDSON P.C.
`1717 Main Street
`Suite 5000
`Dallas, TX 75201
`Telephone: (214) 747-5070
`Facsimile: (214) 747-2091
`
`Counsel for Complainant
`Bose Corporation
`
`
`
`
`JOINT MOTION TO MODIFY PROCEDURAL SCHEDULE–PAGE 2
`
`

`
` /s/ William B. Nash w/ permission
`William B. Nash
`Daniel D. Chapman
`Mark Fassold
`JACKSON WALKER L.L.P.
`112 E. Pecan Street., Suite 2400
`San Antonio, TX 78209
`
`Counsel for Respondents Phitek Systems
`Limited, and Creative Labs, Inc.
`
`
`
` /s/ J. Aron Carnahan w/ permission
`J. Aron Carnahan
`WELSH & KATZ, LTD.
`120 South Riverside Plaza, 22nd Fl.
`Chicago, IL. 60606
`
`Counsel for Respondent Audio Technica
`U.S., Inc.
`
`
`
`
`
` /s/ David A. Boag w/ permission
`Daniel Ebenstein
`Abraham Kasdan
`Joseph Casino
`David A. Boag
`AMSTER, ROTHSTEIN & EBENSTEIN
`LLP
`90 Park Avenue
`New York, NY 10016
`
`Counsel for Respondent Panasonic
`Corporation of North America
`
`
`
`JOINT MOTION TO MODIFY PROCEDURAL SCHEDULE–PAGE 3
`
`
`
`Dated: June 16, 2008
`
`Dated: June 16, 2008
`
`Dated: June 16, 2008
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 16, 2008, a copy of
`
`JOINT MOTION TO AMEND ORDER NO. 4: SETTING
`THE PROCEDURAL SCHEDULE
`__________________________________
`was served on the following as indicated:
`
`
`
`Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E. Street, S.W., Room 112-F
`Washington, DC 20436
`
`
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
`
`The Honorable Charles E. Bullock
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W., Room 317-I
`Washington, DC 20436
`
`
`
`T. Spence Chubb, Esq.
`Christopher G. Paulraj, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 404-I
`Washington, DC 20436
`
`
`
`William B. Nash, Esq.
`Daniel D. Chapman, Esq.
`Mark Fassold, Esq.
`Jackson Walker L.L.P.
`112 E. Pecan Street., Suite 2400
`San Antonio, TX 78209
`
`Counsel for Respondents Phitek Systems
`Limited, GN Netcom, Inc., Creative Labs, Inc.,
`and Logitech Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT MOTION TO MODIFY PROCEDURAL SCHEDULE–PAGE 4
`
`

`
`
`
`
`Alan Cope Johnston, Esq.
`G. Brian Busey, Esq.
`Cynthia Lopez Beverage, Esq.
`Morrison & Foerster LLP
`2000 Pennsylvania Ave., N.W., Suite 5500
`Washington, DC 20006-1888
`
`Counsel for Respondents Phitek Systems
`Limited, GN Netcom, Inc., Creative Labs, Inc.,
`and Logitech Inc.
`
`
`James P. White, Esq.
`J. Aron Carnahan, Esq.
`Welsh & Katz, Ltd.
`120 South Riverside Plaza, 22nd Floor
`Chicago, IL. 60606
`
`Counsel for Respondent Audio Technica U.S.,
`Inc.
`
`
`Arthur Wineburg, Esq.
`Daniel E. Yonan, Esq.
`Akin Gump Strauss Hauer & Feld LLP
`1333 New Hampshire Ave., N.W.
`Washington, DC 20036
`
`Counsel for Respondent Audio-Technica U.S.,
`Inc.
`
`
`Daniel Ebenstein, Esq.
`Abraham Kasdan, Esq.
`Joseph Casino, Esq.
`David A. Boag, Esq.
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`
`Counsel for Respondent Panasonic
`Corporation of North America
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
`
`JOINT MOTION TO MODIFY PROCEDURAL SCHEDULE–PAGE 5
`
`

`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Delivery
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
` Not Served
`
`
`
`
`
`
`
`/s/ Patrick E. Edelin, Jr.
`
`
`
`
`
`
`
`
`
`Tom M. Schaumberg, Esq.
`Jamie D. Underwood, Esq.
`Adduci, Mastriani & Schaumberg, LLP
`1200 Seventh Street, N.W., Fifth Floor
`Washington, DC 20036
`
`Counsel for Respondent Panasonic
`Corporation of North America
`
`
`
`
`
`
`
`
`JOINT MOTION TO MODIFY PROCEDURAL SCHEDULE–PAGE 6
`
`

`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before Honorable Charles E. Bullock
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`Investigation No. 337-TA-626
`
`[PROPOSED] ORDER NO.: ______
`
`GRANTING JOINT MOTION TO AMEND ORDER NO. 4:
`SETTING THE PROCEDURAL SCHEDULE
`Having considered the parties’ Joint Motion to Amend Order No. 4: Setting the
`
`
`
`
`
`Procedural Schedule, and considering that the motion is unopposed, it is determined that the
`
`motion should be, and hereby is, GRANTED.
`
`• The third settlement conference, previously scheduled to be conducted by June
`
`16, 2008, shall be conducted on or before July 11, 2008.
`
`• The third settlement conference joint report, previously scheduled to be submitted
`
`by June 18, 2008, shall be submitted on or before July 18, 2008.
`
`
`
`So ORDERED this ______ day of June, 2008.
`
`
`
`
`
`
`
`
`
`Hon. Charles E. Bullock
`Administrative Law Judge

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