News, Lotsa meeting and conferring going on at the ITC, even with staff lawyers.
As discovery is coming in and completed, they are getting to the nitty gritty and adding companies. Will Qualcomm get added eventually? Anyone else?
Heres a motion by Huawei
Looks like settlement talks also are going on as hinted in the motion!!!!!!
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C.
Before the Honorable E. James Gildea
Administrative Law Judge
In the Matter of
CERTAIN WIRELESS CONSUMER
ELECTRONICS DEVICES AND
COMPONENTS THEREOF
Investigation No. 337-TA-853
UNOPPOSED MOTION AND [PROPOSED] ORDER OF RESPONDENT HUAWEI
TECHNOLOGIES CO., LTD. FOR AN EXTENSION OF TIME IN WHICH TO FILE A
RESPONSE TO THE COMPLAINANTS’ MOTION TO AMEND THE COMPLAINT
AND NOTICE OF INVESTIGATION TO REMOVE AND ADD RESPONDENTS
Pursuant to Commission Rules 210.15(c) and 201.16(d) and Ground Rule 1.10, Huawei
Technologies Co., Ltd. (“Huawei Technologies”) respectfully submits this unopposed motion to
extend the date to file responses to Complainants’ Motion to Amend the Complaint and Notice
of Investigation to Remove and Add Respondents (“Complainants’ Motion”). Complainants
Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific
Corporation (collectively “Complainants”) do not oppose this motion. The Staff does not oppose
this motion. The parties met and conferred beginning on November 16, 2012, and no parties
oppose the Motion.
Complainants’ Motion, filed on November 13, 2012, seeks to remove Respondent
Huawei North America from this Investigation and add three entities as respondents: Huawei
Device Co., Ltd.; Huawei Device USA, Inc.; and Futurewei Technologies Inc (collectively
“Proposed Respondents”).
Currently, responses to Complainants’ Motion are due by November 23, 2012.
Complainants served their Motion on all Respondents on November 13, 2012 but due to a 2
clerical error, did not serve the Motion on the three Proposed Respondents until November 15,
2012. Huawei Technologies requested, and Complainants agreed, to treat the service date as
November 15, 2012, as to all parties, including Respondents and Proposed Respondents. With
this service date, responses to Complainants’ Motion would be due on Monday, November 26,
2012. Accordingly, the present motion seeks to formalize the response deadline calculated from
the agreed-upon service date.
The requested extension would allow Respondents and the Proposed Respondents time to
investigate the issues raised in Complainants’ Motion and ultimately provide more detailed
responses to the motion. The requested extension is thus not being sought for purposes of delay
but instead to allow the additional time that counsel require to consult with their clients in
analyzing and evaluating the matters at issue in this Investigation in order to prepare accurate
and meaningful responses to the Complainants’ Motion. This is the first request for extension of
time to respond to Complainants’ Motion. Granting this motion will not affect the Target Date
or Procedural Schedule in this Investigation. The requested extension will not prejudice any of
the parties or cause undue delay of these proceedings.
A proposed Order accompanies this unopposed Motion.
