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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, D.C.

In the Matter of
Inv. No. 337-TA-944

CERTAIN NETWORK DEVICES,


RELATED SOFTWARE AND
COMPONENTS THEREOF (I)

Order No. 6
In response to Order No. 5, the parties to this investigation submitted a proposed
procedural schedule. Having considered the input of the parties, the administrative law judge has
determined that this investigation shall be conducted in accordance with the following schedule:
EVENT

DEADLINE

Complainant to file first declaration regarding efforts to


reduce number of patents and patent claims at issue (GR
6.a; occurs every two weeks)

March 20, 2015

File identification of expert witnesses, including their


expertise and curriculum vitae (GR 4.a)

March 20, 2015

Complainant to file list of all products it will rely upon to


satisfy domestic industry requirement (GR 6.d)

March 24, 2015

File Notice of Prior Art (GR 2)

April 1,2015

Exchange lists of terms for construction (Private Parties)

April 13, 2015

Exchange contention interrogatory responses regarding


issues as to which the party bears the burden of proof

April 17,2015

Exchange lists of terms for construction (Staff)

April 17, 2015

Exchange proposed constructions of disputed claim terms


(Private Parties)

April 22, 2015

DEADLINE

EVENT

File joint statement regarding identification of accused


products (GR 6.d)

April 24, 2015

Exchange proposed constructions of disputed claim terms


(Staff)

April 27, 2015

Deadline for first settlement conference

April 28, 2015

Deadline for meet and confer in an attempt to reconcile or


otherwise limit disputed claim terms

April 29, 2015

File tentative list of witnesses a party will call to testify at


the hearing, with an identification of each witness's
relationship to the Party

April 29, 2015

Complainant files list of proposed representative products


at issue based on complainant's infringement contentions
(GR 6.d)

May 1, 2015

Submission of First Settlement Conference Joint Report

May 5, 2015

File joint list of disputed claim terms and proposed


constructions thereof and joint list of claim terms that
must be construed but whose meanings are not disputed
and the joint proposed constructions thereof (GR 6.b)

May 6, 2015

Respondents and Staff file responses to complainants'


proposed representative accused products assuming
complainant's infringement contentions (GR 6.d)

May 8, 2015

Exchange contention interrogatory responses on issues for


which the party does not bear the burden of proof

May 8, 2015

File a final joint stipulation regarding representative


accused products (GR 6.d)

May 15, 2015

Fact discovery cutoff and completion

May 29, 2015

Deadline for motions to compel fact discovery

June 5, 2015

Deadline for second settlement conference

August 3, 2015

Submission of Second Settlement Conference Joint


Report

August 10, 2015

DEADLINE

EVENT

File initial expert reports

June 12, 2015

File rebuttal expert reports

June 26, 2015

Parties to submit (to administrative law judge) PDF


versions of initial and rebuttal expert reports on CD,
DVD, or flash drive (GR 4.b)

June 30 2015

Expert discovery cutoff and completion

July 8,2015

Deadline for filing summary determination motions

July 9, 2015

Exchange of exhibit lists among the parties

July 15, 2015

Submit and serve direct exhibits (including witness


statements), with physical and demonstrative exhibits
available - Private Parties

July 20, 2015

Submit and serve direct exhibits (including witness


statements), with physical and demonstrative exhibits
available - Staff

July 31, 2015

Exchange rebuttal exhibits (including witness statements),


with physical and demonstrative exhibits available

August 3, 2015

File objections to direct exhibits (including witness


statements)

August 3,2015

File prehearing statements and briefs (Private Parties)

August 13,2015

File objections to rebuttal exhibits (including witness


statements)

August 17, 2015

File requests for receipt of evidence without a sponsoring


witness

August 17,2015

Submit proposed exhibit lists and exhibits on a single


drive, including witness statements in binders and on a
single drive (GR 9.d)

August 20, 2015

File prehearing statement and brief (Staff)

August 24, 2015

Deadline for filing motions in limine

August 24, 2015

File high priority objections statements (GR 9.e)

August 24, 2015

DEADLINE

EVENT

Deadline for filing responses to motions in limine

September 2, 2015

File responses to high priority objection statements

September 2,2015

Pre-Hearing Conference

September 9, 2015 at 9:30 a.m.


September 9-11 and
September 15-17,2015

Hearing
File initial post-hearing briefs, final exhibit lists (GR 9.g),
set of final exhibits (GR 9.f), and joint outline of the
issues to be decided in the final ID (GR 1 l.a)

October 1,2015

File reply post-hearing briefs

October 13,2015

Deadline to submit binder set of final exhibit lists and


exhibits to the Office of General Counsel (GR 9.h)

October 30, 2015

Final Initial Determination

January 27, 2016


May 27, 2016

Target Date

David P. Shaw
Administrative Law Judge

Issued: March 9, 2015

CERTAIN NETWORK DEVICES, RELATED SOFTWARD AND COMPONENTS


THEREOF (I):
INV. NO. 337-TA-944

PUBLIC CERTIFICATE OF SERVICE

I, Lisa R. Barton, hereby certify that the attached ORDER NO. 6 has been served by hand upon
the Commission Investigative ^j^nfe(|, |g|idrew Beverina, Esq., and the following parties as
indicated, on
.

IAR 1 0 2015
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street SW, Room 112A
Washington, DC 20436

FOR COMPLAINANT CISCO SYSTEMS, INC.:


D. Sean Trainor, Esq.
KIRKLAND & ELLIS L L P
655 15th Street, NW
Washington, DC 20005

( ) Via Hand Delivery


( ) /Express Delivery
(
Via First Class Mail
f ) Other:

FOR RESPONDENT ARISTA NETWORKS, INC.:


Lauren A. Degnan, Esq.
FISH & RICHARDSON P.C.
1425 K Street, NW
11th Floor
Washington, DC 20005

(
(
(
(

) Via Hand Delivery


)/Express Delivery
^) Via First Class Mail
) Other:

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