all 3 are pretty much identical in the writeup. If you are interested in the details that can be viewed in the appendices filed by each party on the ITC edis site.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C. 20436
Before the Honorable David P. Shaw
Administrative Law Judge
In the Matter of
CERTAIN WIRELESS DEVICES
WITH 3G CAPABILITIES AND
COMPONENTS THEREOF
Investigation No. 337-TA-800
NOTICE OF PRIOR ART BY RESPONDENTS
ZTE CORPORATION AND ZTE (USA) INC.
Pursuant to Ground Rule 2 and Order No. 18, Respondents ZTE Corporation and ZTE
(USA) Inc. (collectively “ZTE”), by their undersigned attorneys, hereby respectfully submit their
Notice of Prior Art and the names and addresses of any person who may be relied upon as a prior
inventor or as having prior knowledge of or as having previously used or offered for sale the
alleged inventions recited in the currently asserted claims of U.S. Patent Nos. 7,349,540;
7,536,013; 7,970,127; 7,502,406; 7,706,332; 7,616,970; 7,706,830; and 8,009,636 (collectively,
the “Asserted Patents”).
ZTE may rely on the prior art set forth herein, either alone or in combination, as
invalidating the currently asserted claims of the Asserted Patents pursuant to one or more
provisions of 35 U.S.C. §§ 102, 103, and 112 et seq. ZTE may also rely upon the identified
references for other purposes, including, but not limited to, establishing the information known
to one of ordinary skill in the art in the relevant period.
Exhibit A is ZTE’s Notice of Prior Art. Exhibit B is a list of the names and addresses, if
known, of any person who may be relied upon as a prior inventor or as having prior knowledge
of or as having previously used or offered for sale the alleged inventions of the Asserted Patents.
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In addition to the information contained in Exhibits A and B, ZTE incorporates by
reference the notices of prior art filed by all other parties in this Investigation, including all
patents, publications, and individuals identified therein, as if fully and completely set forth in this
Notice. ZTE also may rely upon prior art (1) referenced in the Asserted Patents or the
prosecution history of the Asserted Patents, (2) identified or produced by Complainants, Staff, or
other Respondents in this Investigation, (3) included on any parties’ hearing exhibit lists,
(4) contained within any patent prosecution history that relates to the Asserted Patents, including
prosecution histories of parent applications, child applications, and foreign counterpart
applications or patents to the Asserted Patents and their related applications, (5) identified,
considered, or relied upon by any inventor identified on the Asserted Patents, whether or not
cited in any prosecution history; (6) cited, identified, or incorporated by reference in any of the
prior art identified herein, or in any related patent or patent application; or (7) cited in any expert
report served during this Investigation. ZTE also may rely upon documents and information that
are not prior art, and thus need not be identified herein, for purposes including, but not limited to,
establishing inherency in any of the prior art identified. ZTE also reserves the right to rely any
expert witness identified in its April 10, 2012 Expert Witness Identification and/or on any person
identified as an inventor or author on any of the Asserted Patents or on any patent or publication
identified in Exhibit A as a prior inventor or as having prior knowledge of or as having
previously used or offered for sale the alleged inventions of the Asserted Patents.
ZTE respectfully objects to the deadline for filing this Notice of Prior Art on the basis
that it is premature to require Respondents to identify all prior art that might be relevant to this
investigation. This deadline is prejudicial to Respondents, falling more than 60 days before the
parties are scheduled to exchange proposed claim constructions and a full 189 days in advance of
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the evidentiary hearing. Furthermore, Complainants are asserting in excess of 130 claims across
8 patents, and there is no comparable deadline in the procedural schedule by which
Complainants must narrow the asserted claims or identify corresponding evidence in support of
their infringement claims. For these reasons, ZTE reserves the right to supplement this Notice.
Furthermore, ZTE has not yet deposed any of the inventors named on the Asserted
Patents, and the parties have yet to serve final contention interrogatory responses and expert
reports. ZTE further reserves the right to amend and/or supplement this notice of prior art to
identify prior art references that may be discovered after the date of this notice, or to identify
additional prior art that may be rendered material based upon positions Complainants, the
inventors, expert witnesses, or the Commission Staff may adopt in this Investigation.
Dated: April 16, 2012
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