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					               UNITED STATES INTERNATIONAL TRADE COMMISSION
                               WASHINGTON, D.C.

                            Before the Honorable Charles E. Bullock
                                   Administrative Law Judge

In the Matter of
CERTAIN PRODUCTS CONTAINING                                   Investigation No. 337-TA-820
INTERACTIVE PROGRAM GUIDE AND
PARENTAL CONTROLS TECHNOLOGY


                    STIPULATION REGARDING EXPERT DISCOVERY

        IT IS HEREBY STIPULATED by and between Complainants Rovi Corporation, Rovi

Guides, Inc., United Video Properties, Inc., Gemstar Development Corporation and Index

Systems, Inc. (collectively, “Rovi”) and Respondents Vizio, Inc., Haier Group Corp., and Haier

America Trading, LLC (collectively “Respondents”) through their respective counsel of record,

as follows:

        1.      Rovi and the Respondents agree that they will not seek drafts of: expert reports,

declarations, witness statements, pleadings, discovery responses and other documents served by

the parties, affidavits, or notes taken by experts retained to testify in this Investigation or in any

prior investigation or proceeding. Rovi and the Respondents further agree that they will not seek

documents relating to communications between such experts and counsel, including email

communications, whether generated in connection with this Investigation or any prior

investigation or proceeding, except for documents, information, and things included in or

attached to such communications that are directly relied upon by the expert in his or her expert

report, declaration, affidavit, witness statement, or testimony.

        2.      Except where a draft was produced as the only available copy, Rovi and the

Respondents agree not to inquire at deposition or trial as to the contents of drafts of expert

reports, pleadings, discovery responses and other documents served by the parties, declarations,

affidavits, witness statements, nor notes pertaining thereto, whether drafted in connection with
this Investigation or any prior investigation or proceeding, and that Rovi and the Respondents

will not inquire at deposition or trial as to the expert’s communications, written or oral, with

counsel, including the preparation of the expert for deposition, hearing, or trial, whether

generated in connection with this Investigation or any prior investigation or proceeding, except

to the extent that the expert explicitly references or cites information from counsel in his or her

expert report, declaration, affidavit, witness statement, or testimony.

       3.      Rovi and the Respondents will, however, identify and produce copies of any

documents referenced or cited by the expert in his or her expert report or otherwise relied on by

the expert. Furthermore, nothing in this Stipulation is intended to restrict the parties’ ability to

(i) inquire into the basis of any of the opinions expressed by any expert in his or her report,

education, affidavit, witness statement, or testimony, including the manner by which such

opinions were reached, and information considered in reaching such opinions; (ii) otherwise

inquire into the process by which an expert report, affidavit, declaration, or witness statement

was drafted, provided that, in doing so, the parties may not discover the contents of any such

drafts of expert reports, pleadings, discovery responses and other documents served by the

parties, declarations, affidavits, or witness statements, nor notes pertaining thereto; or (iii) obtain

reports, witness statements, testimony, or other discovery or evidence produced in any prior

litigation. To the extent that a dispute arises regarding whether any requested discovery is

authorized by this paragraph 3 or restricted by either paragraphs 1 or 2 of this Stipulation, the

parties agree that paragraphs 1 and 2 control unless the desired discovery is clearly within the

scope of paragraph 3.




                                                   2
                                  Dated: February 2, 2012
Respectfully submitted,                      Respectfully submitted,
/s/ Jeremiah A. Armstrong                    /s/ Ryan B. McCrum
Yar R. Chaikovsky                            Ric Macchiaroli
David L. Larson                              Richard Fieman
Hong S. Lin                                  Jones Day
Jeremiah A. Armstrong                        51 Louisiana Avenue, N.W.
Cary Chien                                   Washington, D.C. 20001-2113
Kyle A. Virgien                              202.879.3939
McDermott Will & Emery LLP                   202.626.1700 (facsimile)
275 Middlefield Road, Suite 100
Menlo Park, CA 94025                         Ryan B. McCrum
650.815.7400                                 David B. Cochran
650.815.7401 (facsimile)                     John C. Evans
                                             Jones Day
Joel M. Freed                                901 Lakeside Avenue
Christopher G. Paulraj                       Cleveland, OH 44114
Alexander P. Ott                             216.586.3939
McDermott Will & Emery LLP                   216.579.0212 (facsimile)
600 Thirteenth Street, NW
Washington, DC 20005                         Counsel for Respondent
202.756.8000                                 Vizio, Inc.
202.756.8087 (facsimile)
                                             Respectfully submitted,
Counsel for Complainants
Rovi Corporation,                            /s/ Sean P. DeBruine
Rovi Guides, Inc.,                           Yitai Hu
United Video Properties, Inc.,               Sean P. DeBruine
Gemstar Development Corporation, and         Elizabeth H. Rader
Index Systems, Inc.                          Jennifer Liu
                                             Alston & Bird LLP
                                             275 Middlefield Rd., Suite 150
                                             Menlo Park, CA 94025
                                             650.838.2000
                                             650.838.2001 (facsimile)

                                             Jamie D. Underwood
                                             Chad Thompson
                                             Alston & Bird LLP
                                             950 F Street, NW
                                             Washington, DC 20004
                                             202.239.3300
                                             202.239.3333 (facsimile)

                                             Daniel Huynh
                                             Alston & Bird LLP
                                             1201 West Peachtree Street
                                             Atlanta, GA 30309
                                             404.881.7000
                                             404.881.7777 (facsimile)
                                             Counsel for Respondents
DM_US 31607271-4.072826.0027
                                             Haier Group Corp., and
                                             Haier America Trading, LLC

                                            3
Inv. No. 337-TA-820
CERTAIN PRODUCTS CONTAINING INTERACTIVE PROGRAM GUIDE AND
PARENTAL CONTROLS TECHNOLOGY

                                     Certificate of Service

The undersigned certifies that the foregoing was served as indicated upon the following parties
on February 2, 2012:

        STIPULATION REGARDING EXPERT DISCOVERY


The Honorable James R. Holbein                       Via First-Class Mail
Office of the Secretary                              Via Hand-Delivery
U.S. International Trade Commission                  Via Overnight Delivery
500 E. Street, S.W., Room 112                        Via Facsimile
Washington, D.C. 20436                               Via Email (PDF Files)
(202) 205-2000                                       Via EDIS

The Honorable Charles E. Bullock                     Via First-Class Mail
Administrative Law Judge                             Via Hand-Delivery
U.S. International Trade Commission                  Via Overnight Delivery
500 E. Street, S.W., Room 317-H                      Via Facsimile
Washington, D.C. 20436                               Via Email (PDF Files)
(2 copies)                                           Via EDIS

Irina Kushner, Esq.                                  Via First-Class Mail
Advisory Attorney for                                Via Hand-Delivery
The Honorable Charles E. Bullock                     Via Overnight Delivery
U.S. International Trade Commission                  Via Facsimile
500 E. Street, S.W., Room 317-H                      Via Email (PDF Files)
Washington, D.C. 20436                               Via EDIS
Email: irina.kushner@usitc.gov

Yitai Hu, Esq.                                       Via First-Class Mail
Elizabeth Rader, Esq.                                Via Hand-Delivery
Alston & Bird LLP                                    Via Overnight Delivery
275 Middlefield Rd., Suite 150                       Via Facsimile
Menlo Park, CA 94205-4008                            Via Email (PDF Files)
Telephone: (650) 838-2000
Facsimile: (650) 838-2001
Email: Haier-Rovi.ITC@alston.com
Counsel for Respondent Haier Group Corp.
and Haier America Trading, LLC




DM_US 31148778-5.072826.0027
Ryan McCrum,Esq.                            Via First-Class Mail
Jones Day                                   Via Hand-Delivery
901 Lakeside Ave.                           Via Overnight Delivery
Cleveland, OH 44114                         Via Facsimile
Telephone: (216) 583-7291                   Via Email (PDF Files)
Facsimile: (216) 579-0212
Email: Vizio820@jonesday.com
Counsel for Respondent Vizio Inc.



                                    By: /s/ Karen J. Reimer___
                                        Karen J. Reimer
                                        McDERMOTT WILL & EMERY LLP
                                        275 Middlefield Road, Suite 100
                                        Menlo Park, CA 94025
                                        Telephone: (650) 815-7400
                                        Facsimile: (650) 815-7401




DM_US 31148778-5.072826.0027

				
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