PRE-HEARING STATEMENT OF

THE COMMISSION INVESTIGATIVE STAFF

Pursuant to Order No. 15 (January 9, 2013) and Ground Rule 7.1, the Commission

Investigative Staff (“Staff”) respectfully submits this pre-hearing statement in advance of the

hearing scheduled for June 3, 2013.

I. WITNESSES

The Staff does not presently intend to call any witnesses, but expects to present its case

by way of exhibits and by examining the witnesses called by the other parties. However, the

Staff may seek to call witnesses identified by other parties in their pre-hearing statements but

who are not called by the identifying party to testify at the evidentiary hearing.

II. EXHIBITS

The Staff intends to rely upon the exhibits of the private parties. In this regard, the Staff

may seek to introduce any exhibit listed in a private party’s prehearing statement, regardless of

whether that party later withdraws or declines to introduce that exhibit at the evidentiary hearing.

The Staff may also use demonstrative exhibits as visual aids during a witness’ testimony, subjectto the Ground Rules and any agreement of the parties concerning the identification of

demonstrative exhibits.

III. STIPULATIONS

The Staff understands that the private parties have entered into the following stipulations:

Date Stipulation Exhibit

No.

January 3, 2013 Complainants’ and Respondent HTC’s Joint Stipulation

Regarding Testing, Sales, Importation, and Inventory

February 1, 2013 Cross-Use of Documents Agreement between TPL and HTC

February 1, 2013 Cross-Use of Documents and Discovery Agreement between

TPL and Acer

February 7, 2013 Complainants’ and Respondent Amazon.com Inc.’s Joint

Stipulation Regarding Sales, Importation, and Inventory

February 14, 2013 Complainants’ and Respondent Barnes & Noble, Inc.’s Joint

Stipulation Regarding Sales, Importation, and Inventory

February 14, 2013 Joint Stipulation Between Complainants and ZTE Regarding

Manufacturing and Testing of Accused Products

February 15, 2013 Complainants’ and LG Respondents’ Joint Stipulation

Regarding Accused Products, Manufacturing, Importation,

Inventory, and U.S. Sales

February 15, 2013 Joint Stipulation Regarding Importation, Inventory, and U.S.

Sales Between Complainant and Kyocera Corporation and

Kyocera Communications, Inc.

February 20, 2013 Cross-Use of Documents Agreement between TPL and

Qualcomm Inc.

February 21, 2013 Complainants’ and Nintendo Respondents’ Joint Stipulation

Regarding Testing, Sales, Importation, and Inventory

March 7, 2013 Joint Stipulation Regarding Importation or Sales of the Accused

Products Between Complainant and Samsung Electronics Co.,

Ltd.

March 11, 2013 Joint Stipulation between Complainants and Huawei

March 25, 2013 Complainants’ and Respondents Garmin Ltd.’s Garmin

International, Inc.’s and Garmin U.S.A., Inc.’s Joint Stipulation

Regarding Sales, Importation, and Inventory

IV. PROPOSED AGENDA FOR PRE-HEARING CONFERENCE

The Staff’sproposed agenda for the prehearing conference is as follows:

1. Resolution of pending motions; 2. Resolution of motions in limine;

3. Resolution of high priority objections to proposed exhibits, and requests for receipt of

evidence without a witness; and

4. Determination of hearing schedule including the timing and order of witnesses.

IV. ESTIMATED DATE AND LENGTH OF WITNESS APPEARANCE

The parties have met and conferred regarding a schedule as to the order in which

witnesses are to be called and the expected length of their testimony. That schedule is included

in Complainants’ Pre-Hearing Statement on page 4.

DATED: May 13, 2013 Respectfully submitted,

/s/ R. Whitney Winston