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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of 1
CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME
ORDER NO. 5
1
Inv. No. 337-TA-661
SETTING TARGET DATE AND DATE FOR SUBMISSION OF PROPOSED PROCEDURAL SCHEDULES (January 5,2009)
The notice of investigation was published on December 10,2008. (73 Fed. Reg. 75 13 1). Having considered the position of the parties in their discovery statements and taking into account the ALJ’s commitments in other already instituted investigations, he is setting a sixteen month target date, i. e., April 11,2010. Hence, any final initial determination should be filed no later than December 11,2009.* Proposed procedural schedule(s) should be received by the ALJ no later than close of business on Friday, January 16,2009. Said proposed procedural schedule should include dates for each of the events set forth in Ground Rule 2. Based on the target date for this investigation, and taking into consideration the ALJ’s scheduling of other cases, along with courtroom availability, the ALJ anticipates the pre-hearing conference and tutorial, if necessary, to start at
* The parties should note that the hearing date and target date for this investigation are tentative and only feasible if some of the ALJ’s previously instituted cases are terminated or reassigned to another judge. As of the date of this order, the ALJ has four hearings scheduled before the August hearing in this investigation. In addition, the ALJ has six final initial determinations that must also be filed with the Commission before the date the final initial determination in this investigation is due.
1O:OO AM on Thursday, August 13,2009, in the Hearing Room A, with the hearing to
commence at 9:OO AM on Monday, August 17. The hearing shall conclude no later than Friday, August 28,2009. The parties shall take these dates into consideration when proposing their procedural schedule. The proposed schedule should include dates for three settlement meetings at a time, date, and location of the parties' choosing for the exploration of settlement, by persons of requisite authority, of some or all of the issues in the case. Unless the parties obtain the permission of the ALJ, for good cause shown, the settlement meetings should not occur by video-conferencing or by teleconferencing. The first one of these dates should be relatively early in the investigation, the second should be approximately midway through the period for discovery, while the last should be set for the period between the close of discovery and before the commencement of the hearing. The parties should also include dates in the proposed schedule for filing the joint settlement conference reports. The parties should make intensive good faith efforts to agree to a procedural schedule. It is expected that in most instances the parties should be able to submit ajoint proposal on this matter.
SO ORDERED. Theodore R. Essex ' Administrative Law Judge
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661
PUBLIC CERTIFICATE OF SERVICE
I, Marilyn R. Abbott, hereby certify that the attached ORDER 5 has been served by hand upon the Commission Investigative Attorney, Vu Q. Bui, Esq., and the following parties as indicated January 5, 2009. on
/b&> k'. &6$
harilyn R. Abbott, Secretary U.S. International Trade Commission 500 E Street, SW, Room 112A Washington, D.C. 20436
COMPLAINANT RAMBUS, INC. J. Michael Jakes, Esq. Christine E. Lehman, Esq. FINNEGAN, HENDERSON, FARABOW, GARRETT&DUNNER,LLP 901 New York Avenue, NW Washington, DC 20001
( ( ( (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
( ( ( (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
)Other:
RESPONDENTS NVIDIA CORPORATION: Ruffin B. Cordell, Esq. Brian R. Nester, Esq. FISH & RICHARDSON, PC 1425 K Street NW, 1l* Floor Washington, DC 20005
)Other:
6
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661 CERTIFICATE OF SERVICE - PAGE 2 RESPONDENTS NVIDIA CORPORATION: Anita E. Kadals,Esq. Wasif Qureshi, Esq. FISH & RICHARDSON, PC 1 Houston Center 1221 McKinney Street, Suite 2800 Houston, TX 770 10
( (
(x
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
(
)Other:
Michael Chibib, Esq.. John F. Horvath, Esq. FISH & RICHARDSON, PC One Congress Plaza, Suite 8 10 111 Congress Avenue Austin, TX 78701
( ) Via Hand Delivery ( ) Via Overnight Mail ( X ) Via First Class Mail ( )Other:
Timothy J. Devlin, Esq. FISH & RICHARDSON, PC 222 Delaware Avenue, 17&Floor PO Box 1114 Wilmington, DE 19899-1114
( ( (X (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail )Other:
RESPONDENTS: Asustek Computers, Inc.. 4F, No. 15, Li Te Rd. Peitou District Taipei 1 12 Taiwan
( ) Via Hand Delivery ( ) Via Overnight Mail ( >( ) Via First Class Mail ( )Other:
ASUS Computer International, Inc. 800 Corporate Way Fremont, California 94539
( ( ( (
) Via Hand Delivery ) Via Overnight Mail
x))Other: Via First Class Mail
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS Inv. No. 337-TA-661 AND PRODUCTS CONTAINING SAME
CERTIFICATE OF SERVICE - PAGE 3 RESPONDENTS: BFG Technologies, Inc. 28690 Ballard Drive Lake Forest, Illinois 60045
Biostar Microtech (USA) Corp. 18551 East Gale Avenue City of Industry, California 91748
( ( ( (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
( ( (X (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
)Other:
)Other:
Biostar Microtech International Corp. 2 F1,108-2 Ming Chuan Road Hsin Tien, Taiwan
( ) Via Hand Delivery ( ) Via Overnight Mail ( Y- ) Via First Class Mail ( )Other:
Diablotek, Inc. 1421 Pedley Drive Albambra, California 91803
( ( (x (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
( ( ( (
) Via Hand Delivery ) Via Overnight Mail
EVGA C o p . 2900 Saturn Street, Suite B Brea, California 9282 1
)Other:
>c) Via First Class Mail )Other:
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS Inv. No. 337-TA-661 AND PRODUCTS CONTAINING SAME
-
CERTIFICATE OF SERVICE PAGE 4
GBT, Inc. 17358 Railroad Street City of Industry, California 91748
( ) Via Hand Delivery ( ) Via Overnight Mail ( y ) Via First Class Mail ( )Other:
Giga-byte Technology Co. Ltd. No. 7, Bau Chiang Road Hsin-Tien, Taipei 23 1 Taiwan
( ) Via Hand Delivery ( ) Via Overnight Mail ( y) Via First Class Mail ( ) Other:
Hewlett-Packard Co. 3000 Hanover Street Palo Alto, California 94304
( ) Via Hand Delivery ( ) Via Overnight Mail ( y ) Via First Class Mail ( ) Other:
MSI Computer Corp. 901 Canada Court City of Industry, California 9 1748
( ( ( (
>c
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
)Other:
Micro-star International Co. Ltd. No. 69, Li-De St. Jung-He City, Taipei Hsien Taiwan
( ( ( (
Palit Multimedia, Inc. 1920 O’Toole Way San Jose, California 95 131
( ) Via Hand Delivery ( ) Via Overnight Mail ( )c) Via First Class Mail ( )Other:
) Via Hand Delivery ) Via Overnight Mail
y) Via First Class Mail )Other:
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661
CERTIFICATE OF SERVICE - PAGE 5 Palit Microsystems Ltd. 21 F, 88, Sec. 2, Chung Hsiao E. Rd. Taipei, Taiwan
( ( ( (
) Via Hand Delivery ) Via Overnight Mail
>o Via First Class Mail )Other:
Pine Technology Holdings, Ltd. Units 5507-10 Hopewell Centre 183 Queen’s Road East Hong Kong
( ( (X (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
Sparkle Computer Co., Ltd. 13 F, No. 2, Sec. 1 Fu Hsing S. Rd. Taipei, Taiwan
( (
(x
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
(
)Other:
)Other:
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS Inv. No. 337-TA-661 AND PRODUCTS CONTAINING SAME
CERTIFICATE OF SERVICE - PAGE 6 PUBLIC MAILING LIST ( (
) Via Hand Delivery ) Via Overnight Mail
Sherry Robinson LEXIS NEXIS 8891 Gander Creek Drive Miamisburg, OH 45342
(x) Via First Class Mail )Other:
Kenneth Clair THOMSON WEST 1 100 Thirteen Street, NW, Suite 200 Washington, D.C. 20005
( ) Via Hand Delivery ( ) Via Overnight Mail ( X)Via First Class Mail ( )Other:
-
(
CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME
ORDER NO. 5
1
Inv. No. 337-TA-661
SETTING TARGET DATE AND DATE FOR SUBMISSION OF PROPOSED PROCEDURAL SCHEDULES (January 5,2009)
The notice of investigation was published on December 10,2008. (73 Fed. Reg. 75 13 1). Having considered the position of the parties in their discovery statements and taking into account the ALJ’s commitments in other already instituted investigations, he is setting a sixteen month target date, i. e., April 11,2010. Hence, any final initial determination should be filed no later than December 11,2009.* Proposed procedural schedule(s) should be received by the ALJ no later than close of business on Friday, January 16,2009. Said proposed procedural schedule should include dates for each of the events set forth in Ground Rule 2. Based on the target date for this investigation, and taking into consideration the ALJ’s scheduling of other cases, along with courtroom availability, the ALJ anticipates the pre-hearing conference and tutorial, if necessary, to start at
* The parties should note that the hearing date and target date for this investigation are tentative and only feasible if some of the ALJ’s previously instituted cases are terminated or reassigned to another judge. As of the date of this order, the ALJ has four hearings scheduled before the August hearing in this investigation. In addition, the ALJ has six final initial determinations that must also be filed with the Commission before the date the final initial determination in this investigation is due.
1O:OO AM on Thursday, August 13,2009, in the Hearing Room A, with the hearing to
commence at 9:OO AM on Monday, August 17. The hearing shall conclude no later than Friday, August 28,2009. The parties shall take these dates into consideration when proposing their procedural schedule. The proposed schedule should include dates for three settlement meetings at a time, date, and location of the parties' choosing for the exploration of settlement, by persons of requisite authority, of some or all of the issues in the case. Unless the parties obtain the permission of the ALJ, for good cause shown, the settlement meetings should not occur by video-conferencing or by teleconferencing. The first one of these dates should be relatively early in the investigation, the second should be approximately midway through the period for discovery, while the last should be set for the period between the close of discovery and before the commencement of the hearing. The parties should also include dates in the proposed schedule for filing the joint settlement conference reports. The parties should make intensive good faith efforts to agree to a procedural schedule. It is expected that in most instances the parties should be able to submit ajoint proposal on this matter.
SO ORDERED. Theodore R. Essex ' Administrative Law Judge
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661
PUBLIC CERTIFICATE OF SERVICE
I, Marilyn R. Abbott, hereby certify that the attached ORDER 5 has been served by hand upon the Commission Investigative Attorney, Vu Q. Bui, Esq., and the following parties as indicated January 5, 2009. on
/b&> k'. &6$
harilyn R. Abbott, Secretary U.S. International Trade Commission 500 E Street, SW, Room 112A Washington, D.C. 20436
COMPLAINANT RAMBUS, INC. J. Michael Jakes, Esq. Christine E. Lehman, Esq. FINNEGAN, HENDERSON, FARABOW, GARRETT&DUNNER,LLP 901 New York Avenue, NW Washington, DC 20001
( ( ( (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
( ( ( (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
)Other:
RESPONDENTS NVIDIA CORPORATION: Ruffin B. Cordell, Esq. Brian R. Nester, Esq. FISH & RICHARDSON, PC 1425 K Street NW, 1l* Floor Washington, DC 20005
)Other:
6
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661 CERTIFICATE OF SERVICE - PAGE 2 RESPONDENTS NVIDIA CORPORATION: Anita E. Kadals,Esq. Wasif Qureshi, Esq. FISH & RICHARDSON, PC 1 Houston Center 1221 McKinney Street, Suite 2800 Houston, TX 770 10
( (
(x
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
(
)Other:
Michael Chibib, Esq.. John F. Horvath, Esq. FISH & RICHARDSON, PC One Congress Plaza, Suite 8 10 111 Congress Avenue Austin, TX 78701
( ) Via Hand Delivery ( ) Via Overnight Mail ( X ) Via First Class Mail ( )Other:
Timothy J. Devlin, Esq. FISH & RICHARDSON, PC 222 Delaware Avenue, 17&Floor PO Box 1114 Wilmington, DE 19899-1114
( ( (X (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail )Other:
RESPONDENTS: Asustek Computers, Inc.. 4F, No. 15, Li Te Rd. Peitou District Taipei 1 12 Taiwan
( ) Via Hand Delivery ( ) Via Overnight Mail ( >( ) Via First Class Mail ( )Other:
ASUS Computer International, Inc. 800 Corporate Way Fremont, California 94539
( ( ( (
) Via Hand Delivery ) Via Overnight Mail
x))Other: Via First Class Mail
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS Inv. No. 337-TA-661 AND PRODUCTS CONTAINING SAME
CERTIFICATE OF SERVICE - PAGE 3 RESPONDENTS: BFG Technologies, Inc. 28690 Ballard Drive Lake Forest, Illinois 60045
Biostar Microtech (USA) Corp. 18551 East Gale Avenue City of Industry, California 91748
( ( ( (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
( ( (X (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
)Other:
)Other:
Biostar Microtech International Corp. 2 F1,108-2 Ming Chuan Road Hsin Tien, Taiwan
( ) Via Hand Delivery ( ) Via Overnight Mail ( Y- ) Via First Class Mail ( )Other:
Diablotek, Inc. 1421 Pedley Drive Albambra, California 91803
( ( (x (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
( ( ( (
) Via Hand Delivery ) Via Overnight Mail
EVGA C o p . 2900 Saturn Street, Suite B Brea, California 9282 1
)Other:
>c) Via First Class Mail )Other:
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS Inv. No. 337-TA-661 AND PRODUCTS CONTAINING SAME
-
CERTIFICATE OF SERVICE PAGE 4
GBT, Inc. 17358 Railroad Street City of Industry, California 91748
( ) Via Hand Delivery ( ) Via Overnight Mail ( y ) Via First Class Mail ( )Other:
Giga-byte Technology Co. Ltd. No. 7, Bau Chiang Road Hsin-Tien, Taipei 23 1 Taiwan
( ) Via Hand Delivery ( ) Via Overnight Mail ( y) Via First Class Mail ( ) Other:
Hewlett-Packard Co. 3000 Hanover Street Palo Alto, California 94304
( ) Via Hand Delivery ( ) Via Overnight Mail ( y ) Via First Class Mail ( ) Other:
MSI Computer Corp. 901 Canada Court City of Industry, California 9 1748
( ( ( (
>c
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
)Other:
Micro-star International Co. Ltd. No. 69, Li-De St. Jung-He City, Taipei Hsien Taiwan
( ( ( (
Palit Multimedia, Inc. 1920 O’Toole Way San Jose, California 95 131
( ) Via Hand Delivery ( ) Via Overnight Mail ( )c) Via First Class Mail ( )Other:
) Via Hand Delivery ) Via Overnight Mail
y) Via First Class Mail )Other:
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661
CERTIFICATE OF SERVICE - PAGE 5 Palit Microsystems Ltd. 21 F, 88, Sec. 2, Chung Hsiao E. Rd. Taipei, Taiwan
( ( ( (
) Via Hand Delivery ) Via Overnight Mail
>o Via First Class Mail )Other:
Pine Technology Holdings, Ltd. Units 5507-10 Hopewell Centre 183 Queen’s Road East Hong Kong
( ( (X (
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
Sparkle Computer Co., Ltd. 13 F, No. 2, Sec. 1 Fu Hsing S. Rd. Taipei, Taiwan
( (
(x
) Via Hand Delivery ) Via Overnight Mail ) Via First Class Mail
(
)Other:
)Other:
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS Inv. No. 337-TA-661 AND PRODUCTS CONTAINING SAME
CERTIFICATE OF SERVICE - PAGE 6 PUBLIC MAILING LIST ( (
) Via Hand Delivery ) Via Overnight Mail
Sherry Robinson LEXIS NEXIS 8891 Gander Creek Drive Miamisburg, OH 45342
(x) Via First Class Mail )Other:
Kenneth Clair THOMSON WEST 1 100 Thirteen Street, NW, Suite 200 Washington, D.C. 20005
( ) Via Hand Delivery ( ) Via Overnight Mail ( X)Via First Class Mail ( )Other:
-
(
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