UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before The Honorable Charles E. Bullock Chief Administrative Law Judge IN THE MATTER OF Investigation No. 337-TA-816 CERTAIN WIPER BLADES RESPONDENTS' JOINT PREHEARING STATEMENT Pursuant to Ground Rule 8.1 (Order No. 2), Respondents Corea Autoparts Producing Corp., PIAA Corp. USA and CAP America, Inc. (collectively, "CAP Respondents") and ADM21 Co., Ltd., ADM21 Co. (North America), Ltd., Cequent Consumer Products, Inc., RainEater, LLC and Daewoo International Corp. (collectively with CAP Respondents, "Respondents") hereby submit this Prehearing Statement with respect to the hearing in this Investigation. HEARING WITNESSES Pursuant to Ground Rule 8.1(a), Respondents identify the following witnesses expected to appear at the hearing, their addresses, whether they are fact or expert witnesses, and a brief outline of each witness' expected testimony. A copy of the curriculum vitae for each of Respondents' expert witnesses is attached hereto as Exhibits A to D. NAME ADDRESS FACT/ OUTLINE OF EXPERT TESTIMONY Gregory W. Davis 143 Clarmarc Dr., Expert Non-Infringement of Accused Frankenmuth, MI 48374 Wiper Blades Of The CAP Respondents; Lack of Domestic Industry (Technical Prong) Donald F. Angi 1840 Wexport Lane, Expert Invalidity of the '988 Patent Commerce Township, MI 48382 NAME ADDRESS FACT/ OUTLINE OF EXPERT TESTIMONY Walter Cempura 1757 Manse Road, Expert Non-Infringement of Accused Waterford, MI Wiper Blades Of The ADM 48328 Respondents; Invalidity of the '218 and '905 Patents; Lack of Domestic Industry (Technical Prong) James Malackowski 200 W. Madison, 37th Expert Lack of Domestic Industry Floor, Chicago, IL (Economic Prong) And 60606 Remedy Paul Wozniak 3255 W. Hamlin, Fact The prior art status of the TAU Rochester Hills, MI wiper blade 48309 Mercedes Benz USA, c/o The Corporation Fact The prior art status of the LLC, Bernhard Glaser Trust Company GWB1 820 Bear Tavern Road West Trenton, New Jersey 08628 Michael Antino c/o Birch Stewart Fact The prior art status of the 95 Kolasch & Birch LLP Saver blade 8810 Gatehouse Road, Suite 100 East Falls Church, VA 22042 WorkTools, Inc., Brad 20755 Plummer Street, Fact The prior art status of the 95 Golstein Chatsworth, CA 91311 Saver blade C.B. Lee Incheon City, Num Fact The prior art status of the 95 Dang District, South Saver blade Korea Albert Lee 4665 Hollins Ferry Fact The prior art status of the 95 Road, Halethorpe, MD Saver blade 21227 Richard Kehne 1213 East 25th Street, Fact The prior art status of the 95 Baltimore, MD 21218 Saver blade Stephen Lee 38144 Hot Springs Fact The prior art status of the 95 Avenue, Canyon Saver blade Country, CA 91351 Richard Black c/o Birch Stewart Fact The prior art status of the 95 Kolasch & Birch LLP Saver blade 8810 Gatehouse Road, Suite 100 East Falls Church, VA 22042 2 NAME ADDRESS FACT/ OUTLINE OF EXPERT TESTIMONY I.K. Kim 742-6 Wonsi-Dong, Fact Chairman of ADM21, non- Danwon-Gu infringement, invalidity, Ansan-Si, Gyeonggi-Do unclean hands Korea, 425-090 Jeff Ginsberg 1 Broadway Fact Unclean Hands New York, NY 10004 R. Scott Roe 200 Park Avenue Fact Unclean Hands New York, NY 10166 Leonardo Scuderi 6925 Rock Canyon, El Fact Unclean Hands Paso, TX 79912, USA Anita Barlow 6007 Winnequah Road, Fact Unclean Hands Monona, WI 53716 This list of live witnesses at trial will be reduced based on the agreement between the Private Parties and the Staff attorney. There has been an agreement to admit deposition testimony in leiu of live testimony for a number of witnesses including the following: Bernhard Glaser, Michael Antino, Brad Golstein, Richard Kehne, Stephen Lee, Richard Black, Albert Lee. Respondents reserve the right to call other rebuttal witnesses as necessary. LIST OF EXHIBITS Respondents' Exhibit List including its Direct, Physical, and Rebuttal exhibits is attached hereto as Exhibit E. The Joint Exhibit List is also attached hereto as Exhibit F. Respondents expressly reserve their rights to identify additional exhibits and to withdraw exhibits. Respondents also expressly reserve their rights to use exhibits listed on the joint, direct and rebuttal exhibit lists, exhibits on any other parties' exhibit lists, newly produced information and any additional documents. LIST OF PROPOSED STIPULATIONS Complainant and Respondents have entered into the following stipulations related to importation: 3 Exhibit No. Description CX-0905 Joint Stipulation of Importation--ADM, 12/7/12 CX-0906 Joint Stipulation of Importation--Cequent, 12/7/12 CX-0907 Joint Stipulation of Importation--Daewoo, 12/7/12 CX-0908 Joint Stipulation of Importation--RainEater, 12/7/12 CX-0909 Joint Stipulation of Importation--CAP and CAP America, 12/10/12 CX-0910 Joint Stipulation of Importation--PIAA, 12/10/12 Subject to objections, the parties have also exchanged and stipulated to a list of deposition designations that may be introduced in lieu of live testimony. PROPOSED AGENDA FOR PRE-HEARING CONFERENCE 1. Resolution of pending motions, if any; 2. Resolution of outstanding objections; 3. Stipulations; 4. Establish Witness Order 5. Allocation of hearing time between Complainant, Respondents and Staff. ESTIMATED SCHEDULE AND DURATION FOR COMPLAINANT'S WITNESSES Counsel for Complainant and Counsel for Respondents have conferred, pursuant to Ground Rule 8.1(e), as to the estimated dates and length of testimony of their live witnesses at the hearing. The parties continue to confer on this information. As a result, these entries are subject to modification and supplementation. Respondents' proposed hearing order of examination follows Ground Rule 10.1, and accommodates all experts' schedule conflicts. The Proposed Hearing Order of Witnesses with Date and Estimated Times is attached as Exhibit G. Respondents reserve the right to call other rebuttal witnesses as necessary. 4 Dated: September 10, 2013 Respectfully submitted, /s/Michael L. Doane V. James Adduci, II Michael L. Doane Deborah S. Strauss Katherine R. Lahnstein ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P. 1133 Connecticut Avenue, NW Washington, DC 20036 Telephone: (202) 467-6300 Facsimile: (202) 466-2006 Mark A. Cantor Marc Lorelli John M. Halan John P. Rondini BROOKS KUSHMAN P.C. 1000 Town Center, 22nd Floor Southfield, Michigan 48075 Telephone: (248) 358-4400 Facsimile: (248) 358-3351 Counsel for Respondents Corea Autoparts Producing Corporation CAP America, Inc. and PIAA Corporation USA /s/Craig D. Leavell Craig D. Leavell Kirkland Ellis LLP 300 N. LaSalle Street Chicago, IL 60654 Telephone (312) 862-2000 Fax: (312) 862-2200 Counsel for Respondents ADM21 Co., Ltd. ADM 21 Co. (North America) Ltd., Cequent Consumer Products, Inc., Daewoo International Corp., and RainEater, LLC 5 CERTIFICATION OF GOOD FAITH EFFORTS TO SETTLE Pursuant to Ground Rule 8.1(f), Respondents certify that they have made good faith and honest efforts to settle the remaining issues in this Investigation. Date: September 10, 2013 Respectfully submitted, /s/Michael L. Doane V. James Adduci II Michael L. Doane Adduci, Mastriani & Schaumberg LLC Washington, D.C. 20036 Telephone: (202) 467-6300 Facsimile: (202) 466-2006 Marc Lorelli BROOKS KUSHMAN P.C. 1000 Town Center, 22nd Floor Southfield, Michigan 48075 Telephone: (248) 358-4400 Facsimile: (248) 358-3351 Counsel for Respondents Corea Autoparts Producing Corporation CAP America, Inc. and PIAA Corporation USA /s/Craig D. Leavell Craig D. Leavell Kirkland Ellis LLP 300 N. LaSalle Street Chicago, IL 60654 Telephone (312) 862-2000 Fax: (312) 862-2200 Counsel for Respondents ADM21 Co., Ltd. ADM 21 Co. (North America) Ltd., Cequent Consumer Products, Inc., Daewoo International Corp., and RainEater, LLC COREA702713 6 EXHIBIT A RX-0780.002 Gregory W. Davzs, Ph.D., P.E. Department of Mechanical Engineering Kettering University formerfy known as GMI Engineering & Management Institute 1700 University Ave. Flint, MI 48504 (810) 309-9886:’[email protected] Education o Ph. D. in Mechanical Engineering, The University of Michigan, Ann Arbor, 1991 o Master of Science in Mechanical Engineering, Oakland University, 1986 0 Bachelor of Science in Mechanical Engineering, The University of Michigan, Ann Arbor, 1982 Professional Experience Fall I 99 7 Professor gf Mechanical Engineering Q Director-Advanced Engine Research to Present Laborato[y{AERL1, Kettering University. Responsibilities include leading and coordinating automotive engineering curriculum including faculty and graduate research. Teaching graduate and undergraduate mechanical engineering courses along with directing all research and development activities in the AERL. Additional responsibilities include developing and teaching Automotive Engineering laboratories and curriculum. Serve as faculty advisor to the SAE Student Branch and Clean Snowmobile Challenge where we have developed alternative vehicles, including extensive modifications of the Powertrain and Body/Chassis systems. Fall 2009 Instructor Continuing Professional Development Proggams. Teach continuing to Present education short courses for industrial clients. Courses include, “Introduction to Heat Transfer with Applications Related to Vehicle Passenger Compartment Cooling,” and “Application of Fluid Mechanics to Vehicle Cooling Systems.” Spring 2003 Instructor SAE Continuing Professional Develogrnent Programs. Teach and to Present co-teach continuing education short courses directed to automotive powertrain, exterior body systems, and aerodynamic considerations for SAE at its headquarters and at company locations. Summer 1991