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UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`
`-3
`
`..%.I
`
`-3 -
`Inv. No. 337-TA-626
`w
`0
`
`ORDER NO. 12: MODIFYING THE PROCEDURAL SCHEDULE
`
`(July 29,2008)
`
`On July 7,2008, the undersigned issued Order No. 1 1, an initial determination extending the
`
`target date to nineteen months and resetting the hearing to December 4-12,2008. In that order, the
`
`undersigned requested that the parties meet and confer and to propose a modified procedural
`
`schedule, based on the new hearing date. On July 18,2008, the parties filed a joint proposal for
`
`amended procedural schedule. Based on a review of the parties proposal, the undersigned hereby
`
`adopts the following procedural schedule:
`
`Event
`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 for motions in limine
`File responses to objections to direct exhibits (including witness
`statements)
`
`Deadline Date
`September 18,2008
`
`1 September 25,2008
`I September 30,2008
`
`October 2,2008
`
`I
`
`October 2,2008
`October 17,2008
`
`October 22,2008
`
`File objections to rebuttal exhibits (including witness statements)
`
`October 29,2008
`
`

`
`Event
`
`File high priority objections statement
`File responses to motions in limine
`
`File responses to objections to rebuttal exhibits (including witness
`statements)
`Exchange demonstrative exhibits
`
`File responses to high priority objections statement
`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
`Initial Determination due
`
`Target date for completion of investigation
`
`I
`
`Deadline Date
`
`November 3,2008
`
`I November 10,2008
`
`November 10,2008
`
`~
`
`November 13,2008
`
`November 19,2008
`December 3,2008 at
`1O:OO a.m. in Courtroom
`B
`December 3,2008
`following the tutorial
`December 4-12,2008 at
`9:OO a.m. in Courtroom
`B
`January 16,2009
`
`February 6,2009
`
`1 April 6,2009
`
`August 6,2009
`
`The parties are in dispute as to whether the witness statements, which were filed on July 7,
`
`2008, should be permitted to be revised and resubmitted on August 29,2008. Respondents propose
`
`that, due to the extra time in the procedural schedule, they should be permitted to review and further
`
`refine their witness statements, while Complainant and Staff oppose. In the undersigned’s view,
`
`allowing the parties to have additional time to refine their witness statements does not prejudice any
`
`of the parties in this investigation. Accordingly, due to the unique circumstances in this
`
`-2-
`
`

`
`investigation, which includes extending the investigation by four months due to a conflict in the
`
`undersigned’s schedule, Respondents’ request is hereby granted, and the following deadline is added
`
`to the procedural schedule:
`
`Event
`Submit and serve revised witness statements
`
`L
`
`SO ORDERED.
`
`Deadline Date
`August 29,2008
`
`Administrative Law Judge
`
`-3 -
`
`

`
`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, Christopher
`G. Paulraj, Esq., Commission Investigative Attorney, and the following parties via first class
`mail and air mail where necessary on
`
`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., 1 l* Floor
`Washington, DC 20005
`
`Charles Hieken, Esq.
`Gregory A. Madera, Esq.
`Adam J. Kessel, Esq.
`FISH & RICHARDSON, P.C.
`225 Franklin Street
`Boston, MA 02 1 10
`
`'
`
`Jordan Fowles, Esq.
`FISH & RICHARDSON P.C.
`1717 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.
`112 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, 22"d 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 10016
`
`RESPONDENTS:
`
`GN NETCOM, INC.
`77 Northeastern Boulevard
`Nashua, NH 03062
`
`Sherry Robinson
`LEXIS - NEXIS
`8891 Gander Creek Drive
`Miamisburg, OH 45342
`
`Kenneth Clair
`THOMSON WEST
`1100 - 13'h Street NW
`Suite 200
`Washington, DC 20005
`
`PUBLIC MAILING LIST

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