2012-1666
U
NITED
S
TATES
C
OURT OF
A
PPEALS
FOR THE
F
EDERAL
C
IRCUIT
M
OTOROLA
M
OBILITY
LLC, (formerly known as Motorola Mobility, Inc.)
Appellant
, v. I
NTERNATIONAL
T
RADE
C
OMMISSION
,
Appellee,
and A
PPLE
I
NC
.,
Intervenor.
O
N
A
PPEAL FROM THE
U
NITED
S
TATES
I
NTERNATIONAL
T
RADE
C
OMMISSION
IN
I
NVESTIGATION
N
O
. 337-TA-745
CONTINGENT MOTION TO RESCHEDULE ORAL ARGUMENT
The panel is scheduled to hear oral arguments in the above-captioned matter on Friday, October 11, 2013. Pending action in Congress, the federal government may be required to shut down beginning Tuesday, October 1, 2013, for an indeterminate period of time. Counsel for Appellee U.S. International Trade Commission (“Commission”) will not be authorized to represent the Commission should a shutdown occur. A shutdown would affect not only counsel’s ability to
Case: 12-1666 Document: 77 Page: 1 Filed: 09/27/2013
adequately prepare for the argument, but could also possibly impact counsel’s ability to attend the oral argument should the shutdown extend through October 11, 2013. The Commission respectfully requests that the oral argument be rescheduled in the event the federal government does shut down on October 1, 2013. If the shutdown does not occur, the Commission requests that the panel disregard this motion. The contingent nature of the request is due to the fact that the Commission is unable to predict whether a shutdown will, in fact, occur or how long it might last. Once the shutdown begins, however, counsel for the Commission will not be able to present the request thereafter. Counsel for the Commission has conferred with counsel for Motorola Mobility LLC (“Appellant”) and counsel for Intervenor Apple Inc. (“Intervenor”). Intervenor’s and Appellant’s counsel indicate that they do not object to the contingent request for rescheduling of the oral argument.
2
Case: 12-1666 Document: 77 Page: 2 Filed: 09/27/2013
Respectfully submitted, /s/ Megan M. Valentine P
AUL
R.
B
ARDOS
,
A
CTING
G
ENERAL
C
OUNSEL
W
AYNE
W.
H
ERRINGTON
,
A
SSISTANT
G
ENERAL
C
OUNSEL
M
EGAN
M.
V
ALENTINE
,
A
TTORNEY
-A
DVISOR
U.S.
I
NTERNATIONAL
T
RADE
C
OMMISSION
500 E Street, S.W., Suite 707 Washington, D.C. 20436 Telephone: (202) 708-2301 Facsimile: (202) 205-3111 E-mail: Megan.Valentine@usitc.gov
Attorneys for Appellee International Trade Commission
Date: September 27, 2013
3
Case: 12-1666 Document: 77 Page: 3 Filed: 09/27/2013