Motion filed by TPL 11/13 ITC case
posted on
Nov 14, 2012 06:03PM
From the filing
November 13, 2012
Lisa R. Barton
Acting Secretary
United States International Trade Commission
500 E Street, S.W.
Washington, DC 20436
Re: Certain Wireless Consumer Electronics Devices and Components Thereof,
Inv. No. 337-TA-853
Dear Secretary Barton:
Enclosed on behalf of Technology Properties Limited LLC (“TPL”), Phoenix Digital
Solutions LLC (“PDS”) and Patriot Scientific Corporation (“PTSC”) (collectively,
“Complainants”) are the following documents:
• COMPLAINANTS’MOTION TO AMEND THE COMPLAINT AND NOTICE OF INVESTIGATION
TO REMOVE AND ADD RESPONDENTS
• MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF COMPLAINANTS’MOTION
TO AMEND THE COMPLAINT AND NOTICE OF INVESTIGATION TO REMOVE AND ADD
RESPONDENTS
• DECLARATION OF JAMES C. OTTESON
• DECLARATION OF IRVIN E. TYAN
• APPENDIX OF EXHIBITS AND DECLARATIONS
for filing in the above referenced investigation.
Enclosures
On November 5, 2012, TPL provided notice to all parties that TPL intended to file a
motion for leave to amend its complaint to remove Respondent Huawei North America and add Huawei Device Co., Ltd., Huawei Device USA Inc., Futurewei Technologies, Inc., Garmin Corp., Garmin Switzerland GmbH, and Amazon Fulfillment Services, Inc. as additional respondents. TPL invited all parties to state their respective positions on such a motion. Counsel for Huawei Technologies Co., Ltd. (“Huawei”) stated that it would oppose this motion. Counsel for Garmin Ltd., Garmin International, Inc., Garmin USA, Inc. (collectively, “Garmin”), Nintendo Co., Ltd., Nintendo of America, Inc., Sierra Wireless, Inc., Sierra Wireless America, Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., ZTE Corporation, and ZTE (USA) Inc. stated that they would take a position after reviewing the motion. Counsel for Barnes & Noble, Inc. stated that it did not plan to take a position on the motion. The Staff and other Respondents have not provided a written response to TPL as to their respective positions.
TPL’s counsel has met and conferred with counsel for Amazon.com, Inc. (“Amazon”),
Garmin, and Huawei. After extensive meet and confer, TPL and Amazon were able to resolve the matter, and Complainants were able to drop Amazon Fulfillment Services, Inc. as an additional respondent to this instant Motion. TPL and Garmin were similarly able to resolve the matter, and Complainants were able to drop Garmin Corp. and Garmin Switzerland GmbH as 3 additional respondents. However, TPL and Huawei were not able to come to an agreement with respect to this Motion and agreed that they are at an impasse.
Dated: 11/13/2012
Respectfully submitted, /s/ Irvin E. Tyan
James C. Otteson
Irvin E. Tyan
AGILITY IP LAW, LLP
149 Commonwealth Drive
Menlo Park, California 94025
Telephone: (650) 227-4800
TPL853@agilityiplaw.com
Michelle G. Breit
James R. Farmer
OTTESON LAW GROUP
AGILITY IP LAW, LLP
14350 North 87th Street, Suite 190
Scottsdale, Arizona
Telephone: (480) 646-3434
Counsel for Complainants
Technology Properties Limited LLC and
Phoenix Digital Solutions LLC
/s/ Charles T. Hoge
Charles T. Hoge
KIRBY NOONAN LANCE & HOGE, LLP
350 Tenth Avenue, Suite 1300
San Diego, California 92101
Telephone: (619) 231-8666
Counsel for Complainant Patriot Scientific
Corporation