UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before the Honorable Theodore R. Essex Administrative Law Judge

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1 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. In the Matter of Before the Honorable Theodore R. Essex Administrative Law Judge CERTAIN WIRELESS DEVICES WITH 3G CAPABILITIES AND COMPONENTS THEREOF Investigation No. 337-TA-800 COMPLAINANT INTERDIGITAL'S MOTION SEEKING RECOMMENDATION TO THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO ISSUE A LETTER OF REQUEST Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. (collectively InterDigital ), pursuant to 19 C.F.R and , hereby move for the Administrative Law Judge s Recommendation that the District Court for the District of Columbia issue a Letter of Request on behalf of InterDigital to obtain documents and deposition testimony from the following foreign third party: Telefonaktiebolaget LM Ericsson Torshamnsgatan 23 Kista Stockholm Sweden InterDigital seeks foreign discovery from Telefonaktiebolaget LM Ericsson ( Ericsson ) because Ericsson is a manufacturer of at least the base station infrastructure equipment used in 3G cellular networks that are involved in implementing one or more of InterDigital s U.S. Patent Nos. 7,349,540, 7,502,406, 7,536,013, 7,616,970, 7,706,332, 7,706,830, and 7,970,127 (collectively, the Asserted Patents ). On information and belief, Ericsson base stations interact with each of Huawei Technologies Co., Ltd., FutureWei

2 Technologies, Inc. d/b/a Huawei Technologies (USA), Nokia Corporation, Nokia Inc., ZTE Corporation, and ZTE (USA) Inc. s (collectively Respondents ) 3G wireless devices, including Respondents devices that use the technology claimed in InterDigital s Asserted Patents and that are accused of infringement in this investigation. Ericsson is believed to be most knowledgeable about the operation of its base stations. The operation of the base stations is relevant to the issue of whether Respondents wireless devices infringe certain of the Asserted Patents. In order to obtain the full range of technical documents and information that are the subject of this request, InterDigital expounded its First Set of Requests for Production of Documents and its First Set of Interrogatories to the Respondents on September 1, In those discovery requests, InterDigital sought tailored information regarding processes and methods used by Respondents devices that may infringe upon the Asserted Patents and the technologies that Respondents devices rely upon to communicate with 3G wireless base stations. Specifically, InterDigital sought information from the Respondents related to their devices interaction with base station transmissions and channels. The Respondents provided written responses to InterDigital s discovery requests on September 26, Based on the role of base stations in the Asserted Patents, InterDigital reasonably believes that the requested technical documentation about Ericsson base stations, including source code, will be relevant to InterDigital s assertions that the Respondents infringe the Asserted Patents. Accordingly, InterDigital respectfully requests that the Administrative Law Judge grant InterDigital s application and recommend that the District Court for the District of Columbia issue InterDigital s Letter of Request to the Swedish Central Authority. InterDigital has disclosed to Respondents and the attorney for the Office of Unfair Import Investigations (the Staff ) its intention to file the present motion at least two business 2

3 days prior to filing the motion. Neither Respondents nor the Staff have expressed opposition to InterDigital s motion. Respectfully Submitted, Dated: September 27, 2011 /s/ Michael B. Levin David S. Steuer Michael B. Levin Maura L. Rees WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California Telephone: (650) Facsimile: (650) Counsel for Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. 3

4 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. In the Matter of Before the Honorable Theodore R. Essex Administrative Law Judge CERTAIN WIRELESS DEVICES WITH 3G CAPABILITIES AND COMPONENTS THEREOF Investigation No. 337-TA-800 APPLICATION SEEKING RECOMMENDATION TO THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO ISSUE A LETTER OF REQUEST Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. (collectively InterDigital ), pursuant to 19 C.F.R and , hereby apply for the issuance of the attached Recommendation (Appendix A) recommending that the District Court for the District of Columbia issue a Letter of Request on behalf of InterDigital to obtain documents and testimony from the following foreign third party: Telefonaktiebolaget LM Ericsson Torshamnsgatan 23 Kista Stockholm Sweden The underlying Letter of Request, along with the required translation, (attached as Appendix B and C) solicits assistance from the Swedish Central Authority to obtain from Telefonaktiebolaget LM Ericsson ( Ericsson ) certain technical documents and testimony relevant to this case. InterDigital respectfully requests that the Administrative Law Judge grant this application so that InterDigital may initiate a civil proceeding on the District Court for the

5 District of Columbia s miscellaneous docket and obtain issuance of the attached Letter of Request. The following documents are attached to this Application: Proposed Order Granting InterDigital s Motion Seeking Recommendation to the District Court for the District of Columbia to Issue a Letter of Request. Appendix A: Recommendation by the Honorable Theodore R. Essex that the District Court for the District of Columbia issue a Letter of Request on behalf of InterDigital. Appendix B: Letter of Request by the District Court for the District of Columbia on behalf of InterDigital. o Attachment A: Documents or Other Property to be Produced by Ericsson. o Attachment B: Topics for the Deposition of Ericsson. o Attachment C: Protective Order. Appendix C: Letter of Request by the District Court for the District of Columbia on behalf of InterDigital. [Certified translation into Swedish] o Attachment A: Documents or Other Property to be Produced by Ericsson. [Certified translation into Swedish] o Attachment B: Topics for the Deposition of Ericsson. [Certified translation into Swedish] o Attachment C: Protective Order. [Certified translation into Swedish] In support of this application, InterDigital respectfully states as follows: I. THE DISTRICT COURT HAS AUTHORITY TO ISSUE LETTERS OF REQUEST UNDER THE HAGUE CONVENTION The Hague Convention provides that [i]n civil or commercial matters a judicial authority of a Contracting State may, in accordance with the provision of the law of that State, request the competent authority of another Contracting State, by means of a Letter of Request, to obtain evidence, or to perform some other judicial act. Hague Convention, Art. 1. Both the United States and the Kingdom of Sweden are parties to the Hague Convention. The Kingdom of Sweden ratified the Hague Convention on May 2, See Hague Conf. on Private Int l 2

6 Law, Status Table, (last updated (May 12, 2011). The Hague Convention authorizes the District Court for the District of Columbia to issue the Letter of Request. See Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Court for S. Dist. of Iowa, 482 U.S. 522, 535 (1987) (stating that a judicial authority in one contracting state may forward a letter of request to the competent authority in another contracting state for the purpose of obtaining evidence ); see, e.g., In the Matter of Certain Home Vacuum Packaging Machines, Inv. No. 337-TA-496, Order No. 39, at 3 (Jan. 12, 2004) (granting motion to approve requests for international judicial assistance in procuring evidence, where procedure was likely to be the only effective means of obtaining needed information ), upheld with amendment, Commission Order (Mar. 24, 2004); 28 U.S.C. 1781(b)(2) (permitting the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner and reproducing the Hague Convention). The purpose of the Hague Convention is to establish a system, based on international comity, that enables a requesting state to obtain evidence abroad in a manner tolerable to the state executing the request. See Societe Nationale, 482 U.S. at 530. Although the Administrative Law Judge can directly issue letters of request, the Swedish Judicial Authorities are more likely to respond to a Letter of Request from a District Court because the latter will be recognized as originating from a civil case rather than an administrative case. See U.S. Dep t of State, Preparation of Letters Rogatory, (last visited Sept. 15, 2011). Accordingly, InterDigital requests the Administrative Law Judge to recommend that the District Court for the 3

7 District of Columbia issue the attached Letter of Request to the Swedish Judicial Authorities on behalf of InterDigital. See Astrazeneca v. Ranbanxy Pharm. Inc., 2008 WL at *6 (D.N.J. Jan. 29, 2008) (granting motion to issue Letter of Request for oral deposition testimony and to obtain related documents in Sweden under Hague Convention); Pronova BioPharma Norge AS v. Teva Pharm. USA, Inc. (granting motion to issue Letters of Request to Sweden under Hague Convention, 708 F. Supp. 2d 450, 456 (D. Del. 2010); cf. In the Matter of Certain Digital Televisions and Components Thereof, and Certain Electronic Devices Having a Blu-Ray Disc Player and Components Thereof, Inv. No. 337-TA-764, Order No. 10 (July 12, 2011) (granting motion for recommendation to U.S. District Court for the District of Columbia to issue order/commission to take depositions in Japan); Miller v. Holzmann, No , 2006 WL (D.D.C. Oct. 31, 2006) (granting motion to issue Letters of Request to Germany under Hague Convention). II. BACKGROUND A. Relevant Ericsson Witnesses and Documents Reside in Sweden InterDigital requested that the Commission investigate its allegations that the Respondents import, sell for importation, and/or sell after importation certain 3G wireless devices and components thereof that infringe U.S. Patent No. 7,349,540 ( the 540 patent ), U.S. Patent No. 7,502,406 ( the 406 patent ), U.S. Patent No. 7,536,013 ( the 013 patent ), U.S. Patent No. 7,616,970 ( the 970 patent ), U.S. Patent No. 7,706,332 ( the 332 patent ), U.S. Patent No. 7,706,830 ( the 830 patent ), and U.S. Patent No. 7,970,127 ( the 127 patent ) (collectively, the Asserted Patents ). In InterDigital s Complaint dated July 26, 2011, InterDigital told the Commission that it sought information and evidence related to certain 3G wireless devices and components thereof. To ascertain the information, InterDigital expounded its First Set of Requests for 4

8 Production of Documents and its First Set of Interrogatories to the Respondents on September 1, In those discovery requests, InterDigital sought tailored information regarding processes and methods used by Respondents devices that may infringe upon the Asserted Patents and the technologies that Respondents devices rely upon to communicate with 3G wireless base stations. Specifically, InterDigital sought information from the Respondents related to their devices interaction with base station transmissions and channels. The Respondents provided written responses to InterDigital s discovery requests on September 26, Ericsson is a manufacturer of at least the base station infrastructure equipment used in 3G cellular networks. On information and belief, Ericsson base stations interact with each Respondent s 3G wireless devices, including Respondents devices that use the technology claimed in InterDigital s Asserted Patents and that are accused of infringement in this investigation. Ericsson is believed to be most knowledgeable about the operation of its base stations. The operation of the base stations is relevant to the issue of whether Respondents wireless devices infringe certain of the Asserted Patents. Based on the role of base stations in the Asserted Patents, InterDigital reasonably believes that the requested technical documentation about Ericsson base stations, including source code, will be relevant to InterDigital s assertions that the Respondents infringe the Asserted Patents. The attached Letter requests that Ericsson produce documents described in Attachment A to the Letter, and requests that Ericsson appear and testify at a deposition regarding the matters identified in Attachment B to the Letter of Request as soon as practicable. III. ARGUMENT The issuance of the Letter of Request is warranted for several reasons. First, the deposition testimony and documents requested in the Letter of Request are highly relevant to InterDigital s allegations in this investigation. InterDigital s complaint alleges that the 5

9 Respondents violated Section 337 by importing devices that infringe InterDigital s patents. InterDigital seeks information tailored to determine the operation and functionality of any Ericsson base station devices used in conjunction with Respondents current or future 3G handsets in 3G cellular networks. InterDigital also seeks deposition testimony from Ericsson about these matters. InterDigital anticipates that the requested testimony and documents will be highly material to the issue of infringement in this investigation. InterDigital does not seek information the disclosure of which would compromise the security of the Kingdom of Sweden. InterDigital recognizes that in accordance with Article 23 of the Hague Convention, Sweden will not execute letters of request issued for the purpose of obtaining pretrial discovery of documents where the letter of request requires a person to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his or her possession, custody or power, or to produce any documents other than particular documents specified in the Letter of Request, which are likely to be, in his or her possession, custody or power. See Kingdom of Sweden, Declaration 5 to Hague Convention, (last visited Sept. 15, 2011). Consistent with this reservation, the attached Letter of Request is narrowly tailored and seeks only the oral testimony of a knowledgeable Ericsson witness and certain technical documentation, including source code, for its 3G wireless base stations. The Letter of Request does not request that the witnesses, Ericsson, or any other Swedish entity, state which documents are relevant to the proceedings, nor does it request documents other than those specified in the Letter of Request. Moreover, InterDigital will comply with any procedures required under Swedish law for the taking of depositions. 6

10 Third, InterDigital is unable to obtain the testimony of the witness or the documents by any other means, inasmuch as the relevant witness and documents are in Sweden and, upon information and belief, are not domiciled in the United States, and thus are beyond the reach of the Commission s regular subpoena power. Without the requested Ericsson documents and witness, InterDigital s ability to prove infringement in this investigation will be prejudiced. InterDigital is fully prepared to meet the procedural requirements for obtaining evidence through a Letter of Request. The steps in the process of obtaining judicial assistance are: InterDigital must obtain a Letter of Request with a District Court judge s signature and the District Court s seal, and a translated copy thereof. The Letter of Request must include the identities of the parties, the nature of the proceedings, the discovery sought, special procedures, the identity of the party that will bear any costs, and other information as recommended by the Hague Convention. See Hague Convention, Model for Letters of Request recommended for use in applying the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, (last visited Sept. 15, 2011). InterDigital must transmit the letter to the Central Authority for Sweden for enforcement in a Swedish court. The Swedish court will serve the requests on Ericsson. 7

11 In view of Sweden s ratification, reservations, and declarations to the Hague Convention, InterDigital respectfully requests that the Commission execute and issue the attached Letter of Request directed to the Central Authority for Sweden (Exhibits 1-2). Respectfully Submitted, Dated: September 27, 2011 /s/ Michael B. Levin David S. Steuer Michael B. Levin Maura L. Rees WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California Telephone: (650) Facsimile: (650) Counsel for Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. 8

12 CERTIFICATE OF SERVICE It is hereby certified that copies of the foregoing COMPLAINANT INTERDIGITAL'S MOTION SEEKING RECOMMENDATION TO THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO ISSUE A LETTER OF REQUEST AND APPENDICES THERETO were served on September 27, 2011 as follows: James R. Holbein Secretary to the Commission U.S. International Trade Commission 500 E Street, S.W., Suite 112 Washington, D.C The Honorable Theodore R. Essex Administrative Law Judge U.S. International Trade Commission 500 E Street, S.W., Suite 317 Washington, D.C (Two copies) Kevin Cherry Attorney Advisor to Honorable Theodore R. Essex U.S. International Trade Commission 500 E Street, S.W., Suite 317 Washington, D.C Jeffrey T. Hsu, Esq. Office of Unfair Import Investigations U.S. International Trade Commission 500 E Street, S.W., Suite 401K Washington, D.C Scott J. Pivnick ALSTON & BIRD The Atlantic Building 950 F Street, NW Washington, DC By EDIS E-Filing By Hand Delivery By kevin.cherry@usitc.gov By Hand Delivery By Nokia.IDC.800@alston.com Attorneys for Respondents Nokia Corporation and Nokia Inc. 1

13 Jay H. Reiziss BRINKS HOFER GILSON & LIONE 1850 K Street, NW, Suite 675 Washington, DC Attorneys for Respondents ZTE Corporation and ZTE (USA) Sturgis M. Sobin COVINGTON & BURLING LLP 1201 Pennsylvania Avenue, NW Washington, DC By ZTE337@brinkshofer.com By Huawei337@cov.com Attorneys for Respondents Huawei Technologies Co., Ltd. And FutureWei Technologies, Inc. /s/ Jerrice Thomas Jerrice Thomas 2

14 [PROPOSED ORDER] UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. In the Matter of CERTAIN WIRELESS DEVICES WITH 3G CAPABILITIES AND COMPONENTS THEREOF Investigation No. 337-TA-800 ORDER NO. [ ]: [PROPOSED] GRANTING INTERDIGITAL S MOTION FOR RECOMMENDATION TO THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO ISSUE A LETTER OF REQUEST On September 27, 2011, Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. (collectively InterDigital ) filed a motion seeking issuance of the attached Recommendation that the District Court for the District of Columbia issue a Letter of Request on behalf of InterDigital to obtain documents and deposition testimony from certain third party witnesses located in Sweden. Specifically, InterDigital seeks discovery from Telefonaktiebolaget LM Ericsson ( Ericsson ) because it is a manufacturer of at least the base station infrastructure equipment used in 3G cellular networks that interact with each of Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA), Nokia Corporation, Nokia Inc., ZTE Corporation, and ZTE (USA) Inc. s (collectively Respondents ) 3G wireless devices, including Respondents devices that use the technology claimed in InterDigital s Asserted Patents and that are accused of infringement in this investigation. InterDigital argues that Ericsson is believed to be most knowledgeable about the operation of its base stations and that the operation of the base stations is relevant to the issue of whether Respondents wireless devices infringe certain of the Asserted Patents.

15 The motion further states that neither Respondents nor the Commission Investigative Staff oppose the motion. as Attachment A. SO ORDERED The motion is hereby GRANTED. The recommendation is attached to this order Theodore R. Essex Administrative Law Judge 2

16 APPENDIX A

17 In the United States District Court For the District of Columbia Before the Honorable Theodore R. Essex Administrative Law Judge In the Matter of CERTAIN WIRELESS DEVICES WITH 3G CAPABILITIES AND COMPONENTS THEREOF Civil Action No. Misc. RECOMMENDATION FOR ISSUANCE OF A LETTER ROGATORY DEPONENT: TELEFONAKTIEBOLAGET LM ERICSSON LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS The undersigned Administrative Law Judge finds that the evidence Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. (collectively InterDigital ) seek pursuant to their Proposed Letter of Request is reasonably necessary to fully investigate InterDigital s claims of infringement against Respondents Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA), Nokia Corporation, Nokia Inc., ZTE Corporation, and ZTE (USA) Inc.. Accordingly, the undersigned recommends that the District Court for the District of Columbia issue, under its seal and signature, the attached Letter of Request to the appropriate Central Authority in Sweden and the certified translation of the same. A Letter of Request is the appropriate method of gathering necessary evidence outside of the United States. Rule 28(b) of the Federal Rules of Civil Procedure contemplates gathering evidence through a deposition in a foreign country pursuant to a properly issued and

18 appropriate letter of request. See Fed. R. Civ. P. 28 ( A deposition may be taken in a foreign country... under a letter of request.... A [letter of request] may be issued: (A) on appropriate terms after an application and notice of it. ) Moreover, InterDigital must transmit the Letter of Request with a District Court judge s signature and the District Court s seal to the Central Authority for Sweden for enforcement in a Swedish court. In this case, InterDigital s Proposed Letter of Request solicits international judicial assistance in obtaining relevant evidence abroad needed for the pending investigation into alleged patent infringing imports of certain 3G wireless devices and meets the standards set forth for Letters of Request according to the United States Department of State and the Hague Convention. See U.S. Department of State, Sweden Judicial Assistance at In order to comply with the statutory time limitations on International Trade Commission investigations, the undersigned respectfully request the Court to assign a judge and schedule a hearing to expedite the issuance of the letter of request. Respectfully submitted this day of, 2011 Theodore R. Essex Administrative Law Judge United States International Trade Commission 500 E Street, S.W., Room 317 Washington, D.C Address for Return of Issued Letter of Request: Michael B. Levin WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California Telephone: (650) Facsimile: (650)

19 APPENDIX B

20 In the United States District Court For the District of Columbia InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc., Plaintiffs (Complainants), v. Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA), Nokia Corporation, Nokia Inc., ZTE Corporation, and ZTE (USA) Inc., Civil Action No. Misc. Defendants (Respondents). REQUEST FOR INTERNATIONAL ASSISTANCE LETTER OF REQUEST The United States District Court for the District of Columbia respectfully requests international judicial assistance to obtain evidence, under the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, to be used in an administrative proceeding as approved by this Court in the above captioned matter. Based on the representations made by Complainants InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc., this Court believes that Telefonaktiebolaget LM Ericsson has knowledge regarding material facts and that it is in possession of documents that are relevant for the proper prosecution of the above captioned case. This Court requests the assistance described herein: 1. Sender Michael B. Levin WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California Telephone: (650) Facsimile: (650)

21 2. Central Authority of the Requested State Utrikes Department Juridiska Byran Box S Stockholm 16 Sweden 3. Person to whom the executed request is to be returned 4. Specification of the date by which the requesting authority requires receipt of the response to the Letter of Request Michael B. Levin WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California Telephone: (650) Facsimile: (650) A response is requested by December 9, 2011, or as soon as practicable before that date, in order to ensure the evidence may be obtained before the period for fact discovery concludes. Expedient treatment of this request will allow the parties and the witnesses to arrange a mutually agreeable date for testimony and avoid disruption to the witnesses business or personal plans. In conformity with Article 3 of the Convention, the undersigned applicant has the honor to submit the following request: 5. a. Requesting judicial authority United States District Court Judge U.S. District Court for the District of Columbia 333 Constitution Ave., N.W. Washington, DC United States of America b. To the competent authority of Kingdom of Sweden c. Names of the case and any identifying number 6. Names and addresses of the parties and their representatives a. Complainant In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Investigation No. 337-TA-800 InterDigital Communications, LLC 781 Third Avenue King of Prussia, PA (610) InterDigital Technology Corporation Hagley Building, Suite Silverside Road, Concord Plaza Wilmington, DE (302) IPR Licensing, Inc. Hagley Building, Suite Silverside Road, Concord Plaza Wilmington, DE

22 (302) COUNSEL FOR COMPLAINANTS David S. Steuer Michael B. Levin Maura L. Rees WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California Telephone: (650) Facsimile: (650) b. Respondents Huawei Technologies Co., Ltd. Bantian, Longgang District Shenzhen, Guangdong Province People s Republic of China FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) 5700 Tennyson Parkway, Suite #500 Plano, TX (214) Nokia Corporation Keilalahdentie 2-4 FIN Nokia Group Espoo Finland 358 (0) Nokia Inc. 102 Corporate Park Drive White Plains, NY (914) ZTE Corporation ZTE Plaza, No. 55 Hi-Tech Road South Shenzhen, Guangdong Province People s Republic of China ZTE (USA) Inc N. Central Expy., Ste

23 Richardson, TX (972) c. Other parties Jeffrey Hsu Office of Unfair Import Investigation U.S. International Trade Commission 500 E Street, S.W., Suite 401 Washington, D.C United States of America Jeffrey.Hsu@usitc.gov 7. Nature of the proceedings and summary of the facts The nature of the proceedings for which the evidence is requested concerns a civil patent infringement lawsuit based upon a complaint filed by InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing, Inc. (collectively, InterDigital ) on July 26, The Complaint alleges that Respondents (Huawei Technologies Co., Ltd., FutureWei Technologies, Inc., Nokia Corporation, Nokia Inc., ZTE Corporation, and ZTE (USA) Inc.) import, sell for importation, and/or sell after importation certain 3G wireless devices and components thereof that infringe U.S. Patent No. 7,349,540 ( the 540 patent ), U.S. Patent No. 7,502,406 ( the 406 patent ), U.S. Patent No. 7,536,013 ( the 013 patent ), U.S. Patent No. 7,616,970 ( the 970 patent ), U.S. Patent No. 7,706,332 ( the 332 patent ), U.S. Patent No. 7,706,830 ( the 830 patent ), and U.S. Patent No. 7,970,127 ( the 127 patent ) (collectively, the Asserted Patents ). The United States International Trade Commission (the Commission ) under Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, instituted proceedings based on InterDigital s Complaint and subsequently published notice of those proceedings in the Federal Register. Upon institution, the proceeding was assigned to Administrative Law Judge Honorable Theodore R. Essex to preside over pretrial matters, conduct a trial, and issue an initial determination on the merits of the investigation. The initial determination of the Administrative Law Judge is subject to 4

24 possible review by the Commission, with a right of appeal to the U.S. Court of Appeals for the Federal Circuit and further appeal to the Supreme Court of the United States. Ericsson is a manufacturer of at least the base station infrastructure equipment used in 3G cellular networks. On information and belief, Ericsson base stations interact with each Respondent s 3G wireless devices, including Respondents devices that use the technology claimed in InterDigital s Asserted Patents and that are accused of infringement in this investigation. Ericsson is believed to be most knowledgeable about the operation of its base stations. The operation of the base stations is relevant to the issue of whether Respondents wireless devices infringe certain of the asserted patents. 8. Evidence to be obtained and purpose It is respectfully requested that a judicial authority of the Kingdom of Sweden order Ericsson to produce documents and provide testimony as described in Attachments A and B hereto, related to Ericsson 3G wireless base stations. 9. Identity and address of any person to be examined 10. Questions to be put to the persons to be examined or statement of the subjectmatter about which they are to be examined 11. Documents or other property to be inspected 12. Any requirement that the evidence be given on oath or affirmation and any special form to be used Telefonaktiebolaget LM Ericsson Torshamnsgatan 23 Kista Stockholm Sweden Please see attached list of topics at Attachment B. Please see attached list at Attachment A. It is respectfully requested that an examiner or other appropriate judicial officer of the Kingdom of Sweden direct that the witness be duly sworn in accordance with the applicable procedures of Sweden, and that the testimony be taken and transcribed by a qualified court reporter and videographer chosen by InterDigital s representatives. It is further requested that the transcription of the 5