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Message: ITC Amazon's & LG Electronics' Notice of Partial Joinder to
AMAZON’S AND LG ELECTRONICS’ NOTICE OF PARTIAL JOINDER TO RESPONDENT BARNES & NOBLE’S MOTION TO STRIKE AND PRECLUDE RELIANCE ON, OR TESTIMONY REGARDING, LATE-PRODUCED AND UNDISCLOSED DOCUMENTS (MOTION NO. 853-028) Respondents Amazon.com, Inc. (“Amazon”), LG Electronics, Inc. and LG Electronics U.S.A., Inc. (collectively, “LG”) join, in part, Respondent Barnes & Noble, Inc.’s (“Barnes & Noble”) Motion to Strike and Preclude Reliance On, or Testimony Regarding, Late-Produced and Undisclosed Documents (Motion No. 853-028) (the “Motion”). Specifically, Amazon and LG join Section I of the Motion as to the late-produced documents for the reasons set forth therein. As stated in Barnes & Noble’s Motion and Memorandum in Support, the Procedural
Schedule in this investigation specified a fact discovery cutoff on February 22, 2013. See Order
No. 7. Complainants Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “TPL”) made several document productions without notice, explanation, or leave after the fact discovery cutoff that included documents prominently
relied on in TPL’s initial expert report. The late-produced documents that were expressly relied
on by TPL’s expert, Dr. Oklobdzija, include: i) three documents (TI-TPL-0042035 – TI-TPL-
0042037) that TPL had requested on March 18, 2013 and that Texas Instruments (“TI”) had
produced on the day that TPL’s expert report was due, March 27, 2013 (see Motion at Sec. I.B;
see also Exs. D & E to Barnes & Noble’s Motion); and ii) two articles that were separately
produced by TPL on March 18, 2013 (TPL853_02993475 - TPL853_02993484) and March 24,
2013 (TPL853_02993485 - TPL853_02993496) (see Ex. A to Barnes & Noble’s Motion).
As indicated in Exhibit B to Barnes & Noble’s Motion, TPL relies on all of these lateproduced
documents in Dr. Oklobdzija’s report. Specifically, the portions of Exhibit B
highlighted with an orange box are the new citations to the late-produced documents. (see Ex. B
to Barnes & Noble’s Motion).1 As stated in Barnes & Noble’s Motion and Memorandum in
Support, this conduct undermines the Procedural Schedule, prejudices Amazon and LG, as well
as other respondents, and should not be permitted.
Amazon and LG thus specifically join Barnes & Noble’s request in Section I of its
Motion and respectfully request the Administrate Law Judge strike and preclude reliance on or
testimony relating to TPL production documents TPL853_02993475 – TPL853_03005405 and
TI-TPL-0042035 – TI-TPL-0042037.
Dated: April 12, 2013 Respectfully submitted,
Eric C.
Rusnak
Rusnak
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Apr 15, 2013 12:56PM
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