UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC Before the Honorable Clark S. Cheney Administrative Law Judge In the matter of CERTAIN TONER CARTRIDGES, Investigation No. 337-TA-1174 COMPONENTS THEREOF, AND SYSTEMS CONTAINING SAME BROTHER’S IDENTIFICATION OF EXPERT WITNESSES Pursuant to the Ground Rules (Order No. 2) and the Amended Procedural Schedule (Order No. 13), Complainants Brother Industries, Ltd.; Brother International Corporation (U.S.A.); and Brother Industries (U.S.A.), Inc. (collectively, “Brother”) hereby submit the following identification of expert witnesses that Brother currently believes may testify on its behalf in this Investigation, including their respective expertise and curriculum vitae, which are attached hereto as Exhibits A - E. This identification of experts and expected areas of testimony is preliminary and is based on Brother’s current understanding of the evidence and issues to be decided at the hearing. Discovery is ongoing, and Brother reserves the right to amend and/or supplement this list as necessary based on further discovery and investigation, and review of new or yet to be produced documents or depositions. Brother further reserves the right to call any expert witness identified by any Respondent in this Investigation and the Commission Investigative Attorney (“Staff”). In addition, Brother reserves the right to call any expert witnesses that a Respondent or the Staff deposes. 1. Dr. Guerry Grune Dr. Guerry Grune is an expert in the fields of mechanical and chemical engineering, electrophotography, and the design, structure, function, and operation of toner cartridges and their components. Dr. Grune may provide expert testimony about the technical issues in this investigation, including infringement, validity, the technical prong of the domestic industry requirement, and any other related issues pertinent to Brother’s contentions that are within Dr. Grune’s expertise. For example, Dr. Grune may provide expert testimony about the technical background and interpretation of the claims of the asserted patents. Dr. Grune also may provide expert testimony on matters relating to the priority dates of the asserted patents, such as conception, reduction to practice, and written description support. In addition, Dr. Grune may provide expert testimony about the design, structure, function, and operation of Brother’s domestic industry products and of the Respondents’ accused products. Similarly, Dr. Grune may provide expert testimony about the wear, repair, and replacement of components of toner cartridges and printers. Further, Dr. Grune may provide expert testimony about the level of ordinary skill in the art, nonobviousness, and secondary indicia of nonobviousness. Dr. Grune may provide expert testimony about the appropriate remedies in this Investigation, including testimony about circumvention and copying in the relevant market. And Dr. Grune may be called to rebut the testimony of expert or fact witnesses called by the Respondents and Staff regarding any of the areas described above. A copy of Dr. Grune’s curriculum vitae is attached hereto as Exhibit A. 2. Mr. Jarrett Gayne Mr. Jarrett Gayne is an expert in the fields of mechanical engineering, electrophotography, and the design, structure, function, and operation of toner cartridges and their components. Mr. Gayne may provide expert testimony about the technical issues in this investigation, including 2 infringement, validity, the technical prong of the domestic industry requirement, and any other related issues pertinent to Brother’s contentions that are within Mr. Gayne’s expertise. For example, Mr. Gayne may provide expert testimony about the technical background and interpretation of the claims of the asserted patents. Mr. Gayne also may provide expert testimony on matters relating to the priority dates of the asserted patents, such as conception, reduction to practice, and written description support. In addition, Mr. Gayne may provide expert testimony about the design, structure, function, and operation of Brother’s domestic industry products and of the Participating Respondents’ accused products. Similarly, Mr. Gayne may provide expert testimony about the wear, repair, and replacement of components of toner cartridges and printers. Further, Mr. Gayne may provide expert testimony about the level of ordinary skill in the art, nonobviousness, and secondary indicia of nonobviousness. Mr. Gayne may provide expert testimony about the appropriate remedies in this Investigation, including testimony about circumvention and copying in the relevant market. And Mr. Gayne may also be called to rebut the testimony of expert or fact witnesses called by the Respondents and Staff regarding any of the areas described above. A copy of Mr. Gayne’s curriculum vitae is attached hereto as Exhibit B. 3. Pallavi Seth, Ph.D. Dr. Pallavi Seth is an expert in the fields of economics, accounting and valuation. Dr. Seth may provide expert testimony about the existence of, significance of, and context for Brother’s domestic industry, the appropriate remedies in this Investigation, including the commercial significance of any inventories of accused products, bonding, public interest, and any other related issues pertinent to Brother’s contentions that are within Dr. Seth’s expertise. Dr. Seth also may provide expert testimony about secondary indicia of nonobviousness, such as commercial success. In addition, Dr. Seth may be called to rebut the testimony of expert or fact witnesses called by the 3 Respondents and Staff regarding any of the areas described above. A copy of Dr. Seth’s curriculum vitae is attached hereto as Exhibit C. 4. Mr. Charles Curley Mr. Charles Curley is an expert in the fields of mechanical and electrical engineering, electrophotography, and the design, structure, function, and operation of toner cartridges and their components. Mr. Curley may provide expert testimony about the technical issues in this investigation, including infringement, validity, the technical prong of the domestic industry requirement, and any other related issues pertinent to Brother’s contentions that are within Dr. Curley’s expertise. For example, Mr. Curley may provide expert testimony about the technical background and interpretation of the claims of the asserted patents. Mr. Curley also may provide expert testimony on matters relating to the priority dates of the asserted patents, such as conception, reduction to practice, and written description support. In addition, Mr. Curley may provide expert testimony about the design, structure, function, and operation of Brother’s domestic industry products and of the Respondents’ accused products. Similarly, Mr. Curley may provide expert testimony about the wear, repair, and replacement of components of toner cartridges and printers. Further, Mr. Curley may provide expert testimony about the level of ordinary skill in the art, nonobviousness, and secondary indicia of nonobviousness. Mr. Curley may provide expert testimony about the appropriate remedies in this Investigation, including testimony about circumvention and copying in the relevant market. And Mr. Curley may be called to rebut the testimony of expert or fact witnesses called by the Respondents and Staff regarding any of the areas described above. A copy of Mr. Curley’s curriculum vitae is attached hereto as Exhibit D. 4 5. Robert Sturges, Jr., Ph.D Dr. Robert Sturges, Jr. is an expert in the fields of mechanical engineering, electrophotography, and the design, structure, function, and operation of toner cartridges and their components. Dr. Sturges may provide expert testimony about the technical issues in this investigation, including infringement, validity, the technical prong of the domestic industry requirement, and any other related issues pertinent to Brother’s contentions that are within Dr. Sturges’ expertise. For example, Dr. Sturges may provide expert testimony about the technical background and interpretation of the claims of the asserted patents. Dr. Sturges also may provide expert testimony on matters relating to the priority dates of the asserted patents, such as conception, reduction to practice, and written description support. In addition, Dr. Sturges may provide expert testimony about the design, structure, function, and operation of Brother’s domestic industry products and of the Respondents’ accused products. Further, Dr. Sturges may provide expert testimony about the level of ordinary skill in the art, nonobviousness, and secondary indicia of nonobviousness. And Dr. Sturges may be called to rebut the testimony of expert or fact witnesses called by the Respondents and Staff regarding any of the areas described above. A copy of Dr. Sturges’ curriculum vitae is attached hereto as Exhibit E. 6. Opinion Testimony from Other Witnesses In addition to the expert witnesses identified above, Brother reserves the right to offer opinion testimony from lay witnesses who have not been retained or employed to provide expert testimony but who have the requisite scientific, technical, or other specialized knowledge to provide opinion testimony based on their perception, and Brother hereby gives notice that it may call such lay witnesses to testify in accordance with FRE 701. 5 Dated: January 6, 2020 Respectfully Submitted, /s/ Lisa M. Kattan Lisa M. Kattan Luke K. Pedersen Jamie R. Lynn Thomas C. Martin Samuel L. Kassa BAKER BOTTS L.L.P. The Warner 1299 Pennsylvania Avenue, NW Washington, DC 20004-2400 Phone: (202) 639-7700 Fax: (202) 639-7890