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Message: Motion filed by TPL 11/13 ITC case

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

TPL853@agilityiplaw.com

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

choge@knlh.com

Counsel for Complainant Patriot Scientific

Corporation

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