Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 1 of 6 PageID 8876

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1 Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 1 of 6 PageID 8876 PARKERVISION, INC. v. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Plaintiff, QUALCOMM INCORPORATED, QUALCOMM ATHEROS, INC., HTC CORPORATION, HTC AMERICA, INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC CASE NO.: 6:14-CV PGB-KRS Defendants. JOINT MOTION TO STAY As set forth in ParkerVision s Notice of Pendency of Related Actions (D.I. 245), on December 15, 2015, Plaintiff ParkerVision, Inc. ( ParkerVision ) filed proceedings styled In the Matter of Certain RF Capable Integrated Circuits and Products Containing the Same, Investigation No. 337-TA-982, before the U.S. International Trade Commission (the ITC Investigation ). The proceedings are against Apple, Inc., Qualcomm Incorporated, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics Mobilecomm U.S.A., Inc. (the Respondents ) for importing, selling, designing, and/or manufacturing products that infringe on patents not at issue in this action. The ITC Investigation was instituted on January 15, 2016 and was assigned to Administrative Law Judge Essex. See Exs While a schedule has not yet been issued, investigations of this type typically have a 16 month schedule to completion, with a hearing in front of the Administrative Law Judge ( ALJ ) within 9-10 months of institution (i.e., by

2 Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 2 of 6 PageID 8877 October 2016), with an initial determination from the ALJ issued within 12 months of institution (i.e., by December 2016), and with a final determination within 16 months of institution (i.e., by April 2017). The parties have discussed the most efficient way to proceed, given the multiple cases and proceedings now pending in the ITC, Orlando, Jacksonville, and before the PTAB. 1 The cases in the ITC, Orlando, and Jacksonville address some of the same Qualcomm and Samsung products, and may also involve some of the same witnesses and evidence. Qualcomm and Samsung, as well as the other respondents in the ITC case, have a statutory right to seek a stay of the Jacksonville case pending the outcome of the ITC, and intend to exercise that right. 2 However, due to its statutory mandate, the ITC cannot as a practical matter stay or defer the ITC case pending the outcome of this Orlando litigation. See 19 C.F.R Thus, unless this case is stayed, the parties will be simultaneously litigating similar issues in two different forums. Furthermore, as the parties notified the Court, Qualcomm filed petitions for inter partes review (IPR), petitions challenging the validity of each of the currently asserted transmitter patent claims. D.I Granting a stay of the proceedings in this case will allow this Court to consider the impact of the IPRs, potentially streamlining this case. ParkerVision and Defendants Qualcomm Incorporated, Qualcomm Atheros, Inc., HTC Corporation, HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, the Defendants ) have conferred and agree that a stay of this case would promote efficiency, judicial economy, and the interests of justice. Allowing the parties to proceed with the ITC Investigation and the IPRs, 1 ParkerVision has not yet filed its petition for a writ of certiorari in the Supreme Court; that petition is now due February 29, Qualcomm is also filing a motion to transfer the Jacksonville case to Orlando, but this motion need not be decided until after the mandatory stay of the Jacksonville case is over. 28 U.S.C

3 Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 3 of 6 PageID 8878 prior to proceeding further in this case, will avoid unnecessary expense, potential duplication of issues, and will ease the burden on the parties and the Court. Therefore, the parties jointly move to stay this case until such time that the earlier of either of the following two conditions are met: (a) Entry of a summary determination or other termination as to any of the Respondents in the ITC Investigation; or (b) Entry of the Initial Determination in the ITC Investigation. As of the earlier of either of these events taking place, any of parties to this case may move the Court to lift the stay. A stay of this Orlando case is within this Court s discretion. 3 This case is currently designated as a Track Three case under Local Rule 3.05, and the parties respectfully submit that a stay of this case will promote judicial efficiency and economy, as the ITC case and this case may involve some overlapping parties, witnesses, and evidence. Accordingly, ParkerVision and the Defendants jointly request that the Court stay this case subject to the agreed terms set forth above. 3 A stay would also eliminate the trial conflict of Qualcomm s lead counsel in this case, Mr. Neal and Mr. Teter, which arose from the recent continuance of the Orlando trial until November

4 Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 4 of 6 PageID 8879 February 3, 2016 Respectfully submitted, McKOOL SMITH, P.C. /s/ Douglas A. Cawley Douglas A. Cawley, (Trial Counsel, pro hac vice) Texas State Bar No dcawley@mckoolsmith.com Richard A. Kamprath (pro hac vice) Texas State Bar No rkamprath@mckoolsmith.com McKool Smith P.C. 300 Crescent Court, Suite 1500 Dallas, Texas Telephone: (214) Facsimile: (214) Kevin L. Burgess (pro hac vice) Texas State Bar No kburgess@mckoolsmith.com Joshua W. Budwin (pro hac vice) Texas State Bar No jbudwin@mckoolsmith.com Leah Buratti (pro hac vice) Texas State Bar No lburatti@mckoolsmith.com Kathy H. Li (pro hac vice) Texas State Bar No kli@mckoolsmith.com Mario Apreotesi (pro hac vice) Texas State Bar No mapreotesi@mckoolsmith.com Puneet Kohli pkohli@mckoolsmith.com Texas Bar No McKool Smith P.C. 300 West Sixth Street, Suite 1700 Austin, Texas Telephone: (512) Facsimile: (512) McKOOL SMITH HENNIGAN, P.C. Michael G. Flanigan Illinois State Bar No mflanigan@mckoolsmith.com 255 Shoreline Drive, Suite 510 Redwood Shores, CA Telephone: (650) Facsimile: (650) SMITH HULSEY & BUSEY Stephen D. Busey Florida Bar Number sbusey@smithhulsey.com James A. Bolling Florida Bar Number jbolling@smithhulsey.com Smith Hulsey & Busey 225 Water Street, Suite 1800 Jacksonville, Florida Telephone: (904) Facsimile (904) ATTORNEYS FOR PLAINTIFF PARKERVISION, INC. -4-

5 Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 5 of 6 PageID 8880 COOLEY LLP /s/ Timothy S. Teter Stephen C. Neal (Co-Trial Counsel, pro hac vice) nealsc@cooley.com Timothy S. Teter (Co-Trial Counsel, pro hac vice) teterts@cooley.com Jeffrey Karr (pro hac vice) jkarr@cooley.com Matthew Brigham (pro hac vice) mbrigham@cooley.com Benjamin G. Damstedt (pro hac vice) bdamstedt@cooley.com 3175 Hanover Street Palo Alto, CA Phone: (650) Fax: (650) BEDELL, DITTMAR, DEVAULT, PILLANS & COXE, P.A. John A. DeVault, III Florida Bar No jad@bedellfirm.com Courtney K. Grimm Florida Bar No cgrimm@bedellfirm.com The Bedell Building 101 East Adams Street Jacksonville, Florida Telephone: (904) Facsimile: (904) ATTORNEYS FOR DEFENDANTS QUALCOMM INCORPORATED, QUALCOMM ATHEROS, INC., HTC CORPORATION, AND HTC AMERICA, INC. DLA PIPER LLP (US) /s/ Jeremy T. Elman Jeremy T. Elman, Esq. Florida Bar No jeremy.elman@dlapiper.com 200 South Biscayne Boulevard, Suite 2500 Miami, FL Telephone: (305) Telecopier: (305) Angela J. Crawford, Esq. Florida Bar No angela.crawford@dlapiper.com 100 North Tampa, Suite 2200 Tampa, FL Telephone: (813) Telecopier: (813) Mark Fowler, Esq. (Trial Counsel, pro hac vice) mark.fowler@dlapiper.com Erik R. Fuehrer (pro hac vice) erik.fuehrer@dlapiper.com 2000 University Avenue East Palo Alto, CA Telephone: (650) Telecopier: (650) Sean Cunningham, Esq. (pro hac vice) sean.cunningham@dlapiper.com Ed Sikorski, Esq. (pro hac vice) ed.sikorski@dlapiper.com Kevin Hamilton, Esq. (pro hac vice) kevin.hamilton@dlapiper.com 401 B Street, Suite 1700 San Diego, CA Tel: (619) Fax: (619) ATTORNEYS FOR SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC -5-

6 Case 6:14-cv PGB-KRS Document 249 Filed 02/03/16 Page 6 of 6 PageID 8881 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been served on all counsel of record via the Court s ECF system on February 3, /s/ Timothy S. Teter -6-

7 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 1 of 4 PageID 8882 EXHIBIT 1

8 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 2 of 4 PageID 8883 UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of CERTAIN RF CAPABLE INTEGRATED CIRCUITS AND PRODUCTS CONTAINING THE SAME NOTICE TO THE PARTIES (January 15, 2016) Notice is hereby given that the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, is assigned to Administrative Law Judge Theodore R. Essex. SO ORDERED. Charles E. Bul.lock Chief Administrative Law Judge

9 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 3 of 4 PageID 8884 CERTAIN RF CAPABLE INTEGRA TED CIRCUITS AND PRODUCTS CONTAINING THE SAME PUBLIC CERTIFICATE OF SERVICE I, Lisa R. Barton, hereby certify that the attached NOTICE OF ASSIGNMENT OF ADMINISTRATIVE LAW JUDGE has been served by hand upon the Commission Investigative Attorney, Monica Bhattacharyya, Esq., and the following parties, as indicated, on January 15, Lisa R. Barton, Secretary U.S. International Trade Commission 500 E Street, SW, Room 112 Washington, DC On Behalf of Complainant ParkerVision, Inc.: Michael T. Renaud, Esq. MINTZ LEVIN One Financial Center Boston, MA IZl Via Express Delivery D Via First Class Mail D Other:. Respondent: Apple Inc. One Infinite Loop Cupertino, CA LG Electronics, Inc. 128 Yeoui-Daero Y eongdeungpo-gu Seoul07336 Republic of Korea LG Electronics U.S.A., Inc Sylvan A venue Englewood Cliffs, NJ IZl Via Express Delivery D Via First Class Mail D Other: IZl Via Express Delivery D Via First Class Mail D Other: IZl Via Express Delivery D Via First Class Mail D Other:

10 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 4 of 4 PageID 8885 CERTAIN RF CAPABLE INTEGRA TED CIRCUITS AND PRODUCTS CONTAINING THE SAME Certificate of Service - Page 2 LG Electronics MobileCornm U.S.A., Inc Old Grove Road San Diego, CA Samsung Electronics Co., Ltd. 129 Samsung-Ro, Yeongtong-Gu Suwon-Shi Republic of Korea Samsung Electronics America, Inc. 85 Challenger Road Ridgefield Park, NJ Samsung Semiconductor, Inc N. 1st Street San Jose, CA Qualcomm Incorporated 5775 Morehouse Drive San Diego, CA Via Hand Delivery cgj Via Express Delivery 0 Via First Class Mail 0 Other:. 0 Via Hand Delivery cgj Via Express Delivery 0 Via First Class Mail 0 Other: 0 Via Hand Delivery cgj Via Express Delivery 0 Via First Class Mail 0 Other: 0 Via Hand Delivery cgj Via Express Delivery 0 Via First Class Mail 0 Other:. 0 Via Hand Delivery cgj Via Express Delivery 0 Via First Class Mail 0 Other:.

11 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 1 of 24 PageID 8886 EXHIBIT 2

12 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 2 of 24 PageID 8887 UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of CERTAIN RF CAPABLE INTEGRA TED CIRCUITS AND PRODUCTS CONTAINING THE SAME NOTICE OF INSTITUTION OF INVESTIGATION Institution of investigation pursuant to 19 U.S.C AGENCY: U.S. International Trade Commission ACTION: Notice SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Conm1ission on December 15, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf ofparkervision, Inc. of Jacksonville, Florida. Supplements to the complaint were filed on December 23,2015 and January 4, The complaint, as supplemented, alleges violations of section 337 based upon the impmtation into the United States, the sale for importation, and the sale within the United States after importation of certain RF capable integrated circuits and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,879,817 ("the '817 patent"); U.S. Patent No. 7,929,638 ("the '638 patent''); U.S. Patent No. 8,571,135 ("the '135 patent"); and U.S. Patent No. 9,118,528 ("the '528 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Conm1ission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45a.m. to 5:15p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, S.W.. Room 112, Washington, D.C , telephone (202) Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD ten11inal on (202) Persons \Vith mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) General information concerning the Commission may also be obtained by accessing its intemet server at The public record for this investigation may be vie\:ved on the Commission's electronic docket (EDIS) at

13 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 3 of 24 PageID 8888 FOR FURTHER INFORMATION CONTACT: The Office of Unfair Impmi Investigations, U.S. International Trade Commission, telephone (202) AUTHORITY: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section of the Commission's Rules of Practice and Procedure, 19 C.F.R (2015). SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade Commission, on January 14,2016, ORDERED THAT- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)( 1 )(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain RF capable integrated circuits and products containing the same by reason of infringement of one or more of claims 1, 5-7, 11, and 14 of the '817 patent; claims 1 and 4-8 of the '63 8 patent; claims 22 and 24 of the '13 5 patent; and claims 1, 5, 6, 8-10, 17-19,23,24, 26-28, and ofthe '528 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 3 3 7; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: ParkerVision, Inc Baymeadows Way Suite 400 Jacksonville, FL (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Apple Inc. One Infinite Loop Cupertino, CA LG Electronics, Inc. 128 Yeoui-Daero Y eongdeungpo-gu Seoul Republic of Korea LG Electronics U.S.A., Inc Sylvan Avenue Englewood Cliffs, NJ

14 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 4 of 24 PageID 8889 LG Electronics MobileComm U.S.A., Inc Old Grove Road San Diego, CA Samsung Electronics Co., Ltd. 129 Samsung-Ro, Yeongtong-Gu Suwon-Shi Republic of Korea Samsung Electronics America, Inc. 85 Challenger Road Ridgefield Park, NJ Samsung Semiconductor, Inc N 1st Street San Jose, CA Qualcomm Incorporated 5775 Morehouse Drive San Diego, CA (c) The Office ofunfair Import Investigations, U.S. International Trade Commission, 500 E Street, S.W., Suite 401, Washington, D.C ; and (3) Pursuant to Commission Rule (b)(l), 19 C.F.R (b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the pmiies and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(l), (f)(l), (g)(l);. (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section of the Commission's Rules of Practice and Procedure, 19 C.F.R Pursuant to 19 C.F.R (e) and (a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative 13\v judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the 3

15 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 5 of 24 PageID 8890 complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: January 15, 2016 Lisa R. Barton Secretary to the Commission 4

16 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 6 of 24 PageID 8891 UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of CERTAIN RF CAP ABLE INTEGRATED CIRCUITS AND PRODUCTS CONTAINING THE SAME lnv. No. 337-TA-982 DESIGNATION OF OUII ATTORNEY FOR SERVICE OF PROCESS The Office of Unfair Import Investigations ("OUII") hereby designates Monica Bhattacharyya, Esq. (202) , Monica.Bhattacharyya@usitc.gov, as OUII's lead attorney for service of process. It is requested that all documents served by the Commission or filed by the parties inthe above-referenced investigation be served upon this attorney. Respectfully submitted, 4-1/( OFFICE OF UNFAIR IMPORT INVESTIGATIONS U.S. International Trade Commission 500 E Street, S.W., Suite 401 Washington, D.C (202) (202) (facsimile) January 14,2016

17 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 7 of 24 PageID 8892 CERTAIN RF CAPABLE INTEGRATED CIRCUITS AND PRODUCTS CONTAINING THE SAME PUBLIC CERTIFICATE OF SERVICE I, Lisa R. Bmion, hereby certify that the attached NOTICE OF INSTITUTION OF INVESTIGATION has been served by hand upon the Commission Investigative Attorney, Monica Bhattacharyya, Esq., and the following parties as indicated, on January 15, Complainant: Lisa R. Barton, Secretary U.S. International Trade Commission 500 E Street, SW, Room 112 Washington, DC ParkerVision, Inc Baymeadows Way, Suite 400 Jacksonville, FL IZI Via Express Delivery D Via First Class Mail D Other:, On Behalf of Complainant: Michael T. Renaud, Esq. MINTZ LEVIN One Financial Center Boston, MA IZl Via Express Delivery D Via First Class Mail D Other:, Respondent: Apple Inc. One Infinite Loop Cupertino, CA LG Electronics, Inc. 128 Yeoui-Daero Y eongdeungpo-gu Seoul Republic of Korea IZI Via Express Delivery D Via First Class Mail D Other: IZI Via Express Delivery D Via First Class Mail D Other:

18 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 8 of 24 PageID 8893 CERTAIN RF CAPABLE INTEGRA TED CIRCUITS AND PRODUCTS CONTAINING THE SAME Certificate of Service- Page 2 LG Electronics U.S.A., Inc Sylvan A venue Englewood Cliffs, NJ LG Electronics MobileComm U.S.A., Inc Old Grove Road San Diego, CA Samsung Electronics Co., Ltd. 129 Samsung-Ro, Yeongtong-Gu Suwon-Shi Republic of Korea Samsung Electronics America, Inc. 85 Challenger Road Ridgefield Park, NJ Samsung Semiconductor, Inc N. 1st Street San Jose, CA Qualcomm Incorporated 5775 Morehouse Drive San Diego, CA IZI Via Express Delivery D Via First Class Mail D Other: IZI Via Express Delivery D Via First Class Mail D Other: 1Z1 Via Express Delivery D Via First Class Mail D Other: IZI Via Express Delivery D Via First Class Mail D Other:, IZI Via Express Delivery D Via First Class Mail D Other: IZI Via Express Delivery D Via First Class Mail D Other: Embassy: Embassy of The Republic ofkorea 2450 Massachusetts A venue, NW Washington, DC D Via Express Delivery 1Z1 Via First Class Mail D Other:

19 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 9 of 24 PageID 8894 CERTAIN RF CAPABLE INTEGRA TED CIRCUITS AND PRODUCTS CONTAINING THE SAME Certificate of Service- Page 3 Government Agencies: Edward T. Hand, Chief Foreign Commerce Section Antitrust Division U.S. Department of Justice 450 5th Street NW, Room Washington, DC Intellectual Property Rights Branch Regulations and Rulings Office of International Trade U.S. Customs and Border Protection 90 K Street, NE, loth Floor Washington, DC Elizabeth Kraus, Deputy Director International Antitrust, Office of International Affairs Federal Trade Commission 600 Pennsylvania Avenue, Room 498 Washington, DC Dale D. Berkley, Ph.D., J.D. Office of General Counsel, PHD, NIH Branch National Institutes ofhealth 31 Center Drive Bldg. 31, Rm. 47 Bethesda, MD D Via Express Delivery IZI Via First Class Mail D Other: D Via Express Delivery IZI Via First Class Mail D Other: D Via Express Delivery IZI Via First Class Mail D Other: D Via Express Delivery IZI Via First Class Mail D Other:

20 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 10 of 24 PageID 8895 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 ParkerVision, Inc Baymeadows Way, Suite 400 Jacksonville, FL Re: Certain RF Capable Integrated Circuits and Products Containing the Same lnv. No. 337-TA-982 Dear Sir/Madam: This letter is to advise you that the U.S. International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy of the Commission's notice of investigation is enclosed. Also enclosed is the section 337 Mediation Program brochure. After reviewing the brochure, please sign and return the enclosed certification of receipt. Sincerely, Lisa R. Barton Secretary Enclosures: 1. Notice oflnstitution oflnvestigation 2. Publication No Regarding the section 337 Mediation Program 3. Certification of Receipt and Reading/Discussion of Mediation Materials

21 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 11 of 24 PageID 8896 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Michael T. Renaud, Esq. Mintz Levin One Financial Center Boston, MA Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Mr. Renaud: This letter is to advise you that the U.S. International Trade Commission has instituted an investigation pursuant to section 337 ofthe Tariff Act of 1930 (19 U.S.C. 1337). A copy ofthe Commission's notice of investigation is enclosed. Also enclosed is the section 337 Mediation Program brochure. After reviewing the brochure, please sign and return the enclosed certification of receipt.. Sincerely, Lisa R. Barton Secretary Enclosures: 1. Notice ofinstitution ofinvestigation 2. Publication No Regarding the section 337 Mediation Program 3. Certification of Receipt and Reading/Discussion of Mediation Materials

22 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 12 of 24 PageID 8897 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Apple Inc. One Infinite Loop Cupertino, CA Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Apple Inc. is a named respondent in this investigation. We are hereby serving you with a copy of the Complaint and the Notice oflnstitution of Investigation issued in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochure. After reviewing this brochure, please sign and return the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of service ofthe Complaint. Failure to file a response may result in inferences being drawn against your interests. Sincerely, Enclosures: 1. Complaint 2. Notice oflnstitution oflnvestigation 3. Code of Federal Regulations Lisa R. Barton Secretary 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

23 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 13 of 24 PageID 8898 UNITED STATES INTERNATIONAL TRADE COl'vil\IIISSION WASHINGTON, DC January 15, 2016 LG Electronics, Inc. 128 Yeoui-Daero Yeongdeungpo-GU Seoul Republic of Korea Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). LG Electronics, Inc. is a named respondent in this investigation. We are hereby serving you with a copy of the Complaint and the Notice oflnstitution of Investigation issued in this matter. Enclosed is a copy ofthe Code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochure. After reviewing this brochure, please sign and return the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of s~rvice of the Complaint. Failure to file a response may result in inferences being drawn against your interests. Sincerely, Enclosures: 1. Complaint 2. Notice oflnstitution oflnvestigation 3. Code of Federal Regulations Lisa R. Barton Secretary 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

24 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 14 of 24 PageID 8899 UNITED STATES INTERNATIONAL TRADE CONIMISSION WASHINGTON, DC January 15, 2016 LG Electronics U.S.A., Inc Sylvan Avenue Englewood Cliffs, NJ Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S. C. 1337). LG Electronics U.S.A., Inc. is a named respondent in this investigation. We are hereby serving you with a copy ofthe Complaint and the Notice of Institution of Investigation issued in this matter. Enclosed is a copy o,f the Code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochure. After reviewing this brochure, please sign and return the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of service of the Complaint. Failure to file a response may result in inferences being d:rawn against your interests. Sincerely, Enclosures: 1. Complaint 2. Notice ofinstitution ofinvestigation 3. Code of Federal Regulations Lisa R. Barton Secretary 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

25 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 15 of 24 PageID 8900 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 LG Electronics MobileComm U.S.A., Inc Old Grove Road San Diego, CA Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has. instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). LG Electronics MobileComm U.S.A., Inc. is a named respondent in this investigation. We are hereby serving you with a copy of the Complaint and the Notice oflnstitution of Investigation issued in this matter. Enclosed is a copy ofthe'code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochure. After reviewing this brochure, please sign and return the enclosed celiification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of service of the Complaint. Failure to file a response may result in inferences being drawn against your interests. Sincerely, Lisa R. Barton Secretary Enclosures: 1. Complaint 2. Notice ofinstitution ofinvestigation 3. Code of Federal Regulations 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

26 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 16 of 24 PageID 8901 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15,2016 Samsung Electronics Co., Ltd. 129 Samsung-Ro, Yeongtong-Gu Suwon-Shi Republic ofkorea Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Samsung Electronics Co., Ltd. is a named respondent in this investigation. We are hereby serving you with a copy of the Complaint and the Notice oflnstitution of Investigation issued in this matter. Enclosed is a copy o,fthe Code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochure. After reviewing this brochure, please sign and return the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of s~rvice of the Complaint. Failure to file a response may result in inferences being drawn against your interests. Sincerely, Enclosures: 1. Complaint 2. Notice ofinstitution ofinvestigation 3. Code of Federal Regulations Lisa R. Barton Secretary 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

27 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 17 of 24 PageID 8902 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Samsung Electronics America, Inc. 85 Challenger Road Ridgefield Park, NJ Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Samsung Electronics America, Inc. is a named respondent in this investigation. We are hereby serving you with a copy of the Complaint and the Notice oflnstitution of Investigation issued in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochlire. After reviewing this brochure, please sign and retmn the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of service of the Complaint. Failure to file a response may result in inferences being drawn i;tgainst your interests. Sincerely, Enclosures: 1. Complaint 2. Notice ofinstitution ofinvestigation 3. Code offedera!regulations Lisa R. Barton Secretary 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

28 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 18 of 24 PageID 8903 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Samsung Semiconductor, Inc N. 1st Street San Jose, CA Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Samsung Semiconductor, Inc. is a named respondent in this investigation. We are hereby serving you with a copy of the Complaint and the Notice oflnstitution of Investigation issued in this matter. Enclosed is a copy o.fthe Code of Federal Regulations. Also enclosed is a the section 337 Mediation Program brochure. After reviewing this brochure, please sign and return the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of service of the Complaint. Failure to file a response may result in inferences being drawn against your interests. Sincerely, Lisa R. Barton Secretary Enclosures: 1. Complaint 2. Notice ofinstitution of Investigation 3. Code of Federal Regulations 4. Publication No Regarding the section 337 Mediation Program 5. Cetiification of Receipt and Reading/Discussion of Mediation Materials

29 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 19 of 24 PageID 8904 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Qualcomm Incorporated 5775 Morehouse Drive San Diego, CA Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Qualcomm Incorporated is a named respondent in this investigation. We are hereby serving you with a copy ofthe Complaint and the Notice of Institution of Investigation issued in this matter. Enclosed is a copy of the :code of Federal Regulations. Also enclosed is a the section 337 Mediation Progr~m brochure. After reviewing this brochure, please sign and return the enclosed certification of receipt. Please note that the Notice requires a response to the allegations in the Complaint and the response must be received not later than twenty (20) days after the date of s~rvice of the Complaint. Failure to file a response may result in inferences being drawn against your interests. Sincerely, Lisa R. Barton Secretary Enclosures: 1. Complaint 2. Notice ofinstitution ofinvestigation 3. Code of Federal Regulations 4. Publication No Regarding the section 337 Mediation Program 5. Certification of Receipt and Reading/Discussion of Mediation Materials

30 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 20 of 24 PageID 8905 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Embassy of The Republic ofkorea 2450 Massachusetts Avenue, NW Washington, DC Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). One or more of the parties named in the investigation is located in The Republic of Korea. Pursuant to Commission Rule (a) (3), we are hereby serving you with a copy of the Complaint filed in this investigation together with a copy of the Commission's Notice of Investigation. Sincerely, a~ Lisa R. Barton Secretary Enclosures: 1. Complaint 2. Notice of Investigation

31 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 21 of 24 PageID 8906 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15,2016 Edward T. Hand, Chief Foreign Commerce Section Antitrust Division U.S. Dept of Justice 450 5th Street NW, Room Washington, DC Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Mr. Hand: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy of the Notice ofinvestigation is enclosed. Non-confidential copies of the Complaint and any supplements filed in the investigation will be provided upon request. Requests should be directed to Sally Bromley, Case Manager to the Hon. Theodore R. Essex at (202) If you have any questions concerning this investigation, plea~e contact the Commission Investigative Attorney whose name and telephone number appear in tpe encl2sed Notice. Sincerely, Enclosure: 1. Notice of Investigation Lisa R. Barton Secretary

32 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 22 of 24 PageID 8907 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Intellectual Property Rights Branch Regulations and Rulings Office of International Trade U.S. Customs and Border Protection 90 K Street, NE, 1oth Floor Washington, DC Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Sir/Madam: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy of the Notice oflnvestigation is enclosed. Non-confidential copies ofthe Complaint and any supplements filed in the investigation will be provided upon request. Requests should be directed to Sally Bromley, Case Manager to the Hon. Theodore R. Essex at (202) If you have any questions concerning this investigation, please contact the Commission Investigative Attorney whose name and telephone number appear in the enc!9sed Notice. Sincerely, Enclosure: 1. Notice of Investigation Lisa R. Barton Secretary

33 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 23 of 24 PageID 8908 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Elizabeth Kraus, Deputy Director International Antitrust, Office of International Affairs Federal Trade Commission 600 Pennsylvania Avenue, Room 498 Washington, DC Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Ms. Kraus: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy ofthe Notice ofinvestigation is enclosed. Non-confidential copies ofthe Complaint and any supplements filed in the investigation will be provided upon request. Requests should be directed to Sally Bromley, Case Mahager to the Hon. Theodore R. Essex at (202) If you have any questions concerning this investigation, plea:;;e contact the Commission Investigative Attorney whose name and telephone number appear in t!j.e enc~osed Notice. Sincerely, Enclosure: 1. Notice of Investigation Lisa R. Batton Secretary

34 Case 6:14-cv PGB-KRS Document Filed 02/03/16 Page 24 of 24 PageID 8909 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC January 15, 2016 Dale D. Berkley, Ph.D., J.D. Office of General Counsel, PHD, NIH Branch National Institutes ofhealth 31 Center Drive Bldg. 31, Rm. 47 Bethesda, MD Re: Certain RF Capable Integrated Circuits and Products Containing the Same Dear Dr. Berkley: This letter is to advise you that the United States International Trade Commission has instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy ofthe Notice oflnvestigation is enclosed. Non-confidential copies of the Complaint and any supplements filed in the investigation will be provided upon request. Requests should be directed to Sally Bromley, Case Manager to the Hon. Theodore R. Essex at (202) If you have any questions concerning this investigation, please contact the C9mmission Investigative Attorney whose name and telephone number appear in the enclosed Notice. Sincerely, Enclosure: 1. Notice oflnvestigation Lisa R. Bation Secretary