UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before the Honorable Theodore R. Essex Administrative Law Judge
In the Matter of Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof Investigation No. 337-TA-885
GOOGLE INC.’S UNOPPOSED MOTION TO INTERVENE IN INVESTIGATION Ground 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 with respect 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 the above-referenced Investigation with respect to three of the six patents asserted in the Complaint filed by Complainants Nokia Corp. and Nokia Inc. (collectively “Nokia”) against Respondents HTC 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 protect Google’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 with respect 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.
2 Complaint. Additionally, Google’s intervention will aid the Administrative Law Judge in adjudicating infringement and invalidity issues with respect to these three patents, which Nokia alleges to be relevant to certain features of the Android platform and proprietary Android applications that are developed by Google and supplied to HTC. Accordingly, as set forth more fully in the accompanying memorandum, Google respectfully requests that its Motion To Intervene under 19 C.F.R. § 210.19 be granted. DATED: July 11, 2013 Respectfully submitted, WHITE & CASE LLP By /s/ Shamita D. Etienne-Cummings Shamita D. Etienne-Cummings Frank H. Morgan 701 13th Street, N.W. Washington, DC 20005 Tel: 202.626.3600 Fax: 202.639.9355 setienne@whitecase.com fmorgan@whitecase.com Jeannine Yoo Sano Bijal V. Vakil 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, CA 94306 Tel: 650.213.0356 Fax: 650.213.8158 jsano@whitecase.com bvakil@whitecase.com Dimitrios T. Drivas Kevin X. McGann 1155 Avenue of Americas New York, NY 10036 Tel: 212.819.8200 Fax: 212.354.8113 ddrivas@whitecase.com kmcgann@whitecase.com
Attorneys for Google Inc.
UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before the Honorable Theodore R. Essex Administrative Law Judge
In the Matter of Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof Investigation No. 337-TA-885
MEMORANDUM IN SUPPORT OF GOOGLE INC.’S UNOPPOSED MOTION TO INTERVENE