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13-07-11 Google Motion to Intervene in ITC Investigation of Nokia's Second Complaint Against HTC

13-07-11 Google Motion to Intervene in ITC Investigation of Nokia's Second Complaint Against HTC

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Published by Florian Mueller
July 11, 2013 motion by Google to intervene in the ITC investigation of Nokia's second complaint against HTC with respect to three patents targeting VP8 and Android; Nokia does not oppose the motion
July 11, 2013 motion by Google to intervene in the ITC investigation of Nokia's second complaint against HTC with respect to three patents targeting VP8 and Android; Nokia does not oppose the motion

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Categories:Business/Law
Published by: Florian Mueller on Jul 12, 2013
Copyright:Attribution Non-commercial

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07/19/2013

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UNITED STATES INTERNATIONAL TRADE COMMISSIONWASHINGTON, D.C.Before the Honorable Theodore R. EssexAdministrative Law Judge
In the Matter of Certain Portable Electronic CommunicationsDevices, Including Mobile Phones andComponents Thereof Investigation No. 337-TA-885
GOOGLE INC.’S UNOPPOSED MOTION TO INTERVENE IN INVESTIGATIONGround Rule 3.2 Certification
Pursuant to Ground Rule 3.2, Google Inc. certifies that it has made a reasonable, good-faith effort to contact the Complainants and Respondents in this Investigation at least two business days before filing this motion and resolve the matter that is subject of this Motion. Nokia and HTC have both advised that they do not oppose Google’s Motion To Intervene withrespect to the ’189 patent, the ’211 patent, and the ’650 patent.Pursuant to 19 C.F.R. § 210.19, Google Inc. hereby moves to intervene as a party in theabove-referenced Investigation with respect to three of the six patents asserted in the Complaintfiled by Complainants Nokia Corp. and Nokia Inc. (collectively “Nokia”) against RespondentsHTC Corp. and HTC America, Inc. (collectively “HTC”) on May 23, 2013: U.S. Patent No.6,035,189 (“’189 patent), U.S. Patent no. 6,711,211 (“’211 patent”), and U.S. Patent No.8,140,650 (“’650 patent”).
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Google seeks to intervene in this Investigation in order to protectGoogle’s significant interests and defend the Google products and services identified in Nokia’s
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Although Google requests full participation rights as a party to this Investigation withrespect to these three patents, including in all discovery, all motions, and the hearing, as well as pre-hearing and post-hearing briefing, Google is not seeking to be accorded respondent status.
 
 2Complaint. Additionally, Google’s intervention will aid the Administrative Law Judge inadjudicating infringement and invalidity issues with respect to these three patents, which Nokiaalleges to be relevant to certain features of the Android platform and proprietary Androidapplications that are developed by Google and supplied to HTC. Accordingly, as set forth morefully in the accompanying memorandum, Google respectfully requests that its Motion ToIntervene under 19 C.F.R. § 210.19 be granted.DATED: July 11, 2013 Respectfully submitted,WHITE & CASE LLPBy /s/ Shamita D. Etienne-CummingsShamita D. Etienne-CummingsFrank H. Morgan701 13th Street, N.W.Washington, DC 20005Tel: 202.626.3600Fax: 202.639.9355setienne@whitecase.comfmorgan@whitecase.comJeannine Yoo SanoBijal V. Vakil3000 El Camino Real5 Palo Alto Square, 9th Floor Palo Alto, CA 94306Tel: 650.213.0356Fax: 650.213.8158 jsano@whitecase.com bvakil@whitecase.comDimitrios T. DrivasKevin X. McGann1155 Avenue of Americas New York, NY 10036Tel: 212.819.8200Fax: 212.354.8113ddrivas@whitecase.comkmcgann@whitecase.com
 Attorneys for Google Inc.
 
 
 
UNITED STATES INTERNATIONAL TRADE COMMISSIONWASHINGTON, D.C.Before the Honorable Theodore R. EssexAdministrative Law Judge
In the Matter of Certain Portable Electronic CommunicationsDevices, Including Mobile Phones andComponents Thereof Investigation No. 337-TA-885
MEMORANDUM IN SUPPORT OFGOOGLE INC.’S UNOPPOSED MOTION TO INTERVENE

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