Frederick P. Fish
`1855-1930
`
`W.K. Richardson
`1859-1751
`
`@
`
`ATLANTA
`
`A U S T I N
`
`B O S T O N
`
`DALLAS
`
`DELAWARE
`
`N E W YOIlK
`
`SAN D I E G O
`
`S I L I C O N VALLEY
`
`T W I N C I T I E S
`
`W A S H I N G T O N , V C
`
`1425 K STREET, N.W.
`IJTH FLOOR
`WASHINGTON, DC zooor
`
`Telephone
`202 783-5070
`
`Facsimile
`202 783-2331
`
`FISH 8r: RIC
`
`S O N P.C.
`
`VIA HAND DELIVERY
`
`November 29,2007
`
`The Honorable Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`Re: Certain Noise Cancelling Headphones
`
`Dear Secretary Abbott:
`
`Int’l Trade Cornmisslon
`
`Enclosed for filing on behalf of Bose Corporation (“Bose”) are the following
`documents in support of Bose’s request that the Commission commence an
`investigation pursuant to the provisions of section 337 of the Tariff Act of 1930 as
`amended. Please note that Confidential Exhibit 32 to the Complaint contains
`confidential business information. Pursuant to the Commission’s Rules of Practice
`and Procedure, a request for confidential treatment of these documents is concurrently
`transmitted along with this filing. Accordingly, Bose submits the following:
`
`1. an original and twelve (12) copies of Bose’s verified Complaint (original and
`one copy unbound, without tabs) (Rules 201.8(d) and 210.8(a));
`
`2. an original and six (6) copies of the non-confidential version of the exhibits to
`the Complaint (original and one copy unbound, without tabs) (Rules 201.6(c),
`210.4(f)(3)(i), and 210.8(a));
`
`3. an original and six (6) copies of the confidential version of the exhibits to the
`Complaint (original and one copy unbound, without tabs) (Rules 201.6(c),
`201.4(f)(3)(i), 210.8(a), and 201.8(d));
`
`4. seven (7) additional copies of the Complaint and accompanying exhibits for
`service upon the proposed respondents (Rules 2 10.4(f)(3)(i), 21 0.8(a), and
`2lO.l1(a));
`
`5. one (1) additional copy of the Complaint and accompanying exhibits for
`service upon the Embassy of New Zealand (Rules 210.4(f)(3)(i), 210.8(a) and
`210.1 l(a));
`
`6. a certified copy of United States Patent No. 5,18 1,252 (the ‘252 patent) (Rule
`2 lO.l2(a)(9)(i)) identified as Exhibit 1 ;
`
`

`
`F I S H 8r R I C H A R D S O N P.C
`
`The Honorable Marilyn R. Abbott
`November 29,2007
`Page 2
`
`7. a certified copy of United States Patent No. 4,922,542 (the ‘542 patent) (Rule
`210q12(a)(9)(i)) identified as Exhibit 3;
`
`8. a non-certified copy of United States Patent No. 6,597,792 (the ‘792 patent)
`(Rule 210.12(a)(9)(i)) identified as Exhibit 4 (a certified copy of the ‘792
`patent will be submitted once received from the U.S. Patent and Trademark
`Office)(Rule 210.12(~)(2));
`
`9. a non-certified copy of the assignment of the ‘252 patent (Rule
`2 10.12(a)(9)(ii)) identified as Exhibit 2 (a certified copy of the assignment for
`the ‘252 patent will be submitted once received from the U.S. Patent and
`Trademark Office)(Rule 2 10.12(~)(2));
`
`10. a non-certified copy of the assignment of the ‘792 patent (Rule
`2 10.12(a)(9)(ii)) identified as Exhibit 5 (a certified copy of the assignment for
`the ‘792 patent will be submitted once received from the U.S. Patent and
`Trademark Office)(Rule 2 10.12(~)(2));
`
`1 1. an original and three (3) copies of the non-certified prosecution history of the
`‘252 patent (a certified copy of the prosecution history of the ‘252 patent will
`be submitted once received from the U.S. Patent and Trademark Office)(Rule
`2 1 0.1 2(c)(2));
`
`12. an original and three (3) copies of the non-certified prosecution history of the
`‘542 patent (a certified copy of the prosecution history of the ‘542 patent will
`be submitted once received from the U.S. Patent and Trademark Office) (Rule
`2 10.12(c)(2));
`
`13. an original and three (3) copies of the non-certified prosecution history of the
`‘792 patent (a certified copy of the prosecution history of the ‘792 patent will
`be submitted once received from the U.S. Patent and Trademark Office) (Rule
`2 10.12(c)(2));
`
`14. four (4) copies of each reference document mentioned in the prosecution
`histories of the ‘252 and ‘542 patents (Rule 210.12(~)(3));
`
`15. four (4) copies of each reference document mentioned in the prosecution
`history of the ‘792 patent (Rule 2 10.12(~)(3));
`
`

`
`F I S H 8r R I C H A R D S O N P.C.
`
`The Honorable Marilyn R. Abbott
`November 29,2007
`Page 3
`
`16. A letter and certification pursuant to Commission Rules 210,6(b) and 2 10.5(d)
`requesting confidential treatment of Confidential Exhibit 32.
`
`Copies of Confidential Exhibit 32 and the complaint verification with signatures
`shown thereon are submitted herewith. The original signed Confidential Exhibit 32
`and the complaint verification will be filed as soon as they are received in overnight
`mail from Bose Corporation.
`
`Counsel for Bose Corporation
`
`Enclosures
`
`40351336.doc
`
`

`
`Frederick P. Fish
`1855-1930
`
`W.K. Richardson
`185949s
`
`ATLANTA
`
`A U S T I N
`
`B O S T O N
`
`DALLAS
`
`DELAWARE
`
`N E W YORK
`
`SAN D I E G O
`
`S I L I C O N VALLEY
`
`T W I N C i T l E S
`
`W A S H I N G T O N , D C
`
`I S H ss: RICHARDSON P.C.
`
`VIA HAND DELIVERY
`
`November 29,2007
`
`The Honorable Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`Re:
`
`Certain Noise Cancelling Headphones
`
`Dear Secretary Abbott:
`
`1425 K STREET, N.W.
`IITH FLOOR
`WASHINGTON, DC zoo05
`
`Telephone
`202 783-5070
`
`Facsimile
`202 783-2331
`
`Web Sire
`www.fr.com
`
`I am counsel for Bose Corporation (“Bose”). In accordance with 19 C.F.R. 201.6,
`Bose requests confidential treatment of the confidential business information
`contained in Confidential Exhibit 32 included with Bose’s Complaint Under Section
`337 of the Tariff Act, as amended.
`
`Confidential treatment is sought for the information contained in Confidential Exhibit
`32 because it is Bose’s declaration regarding domestic industry.
`
`The information described above qualifies as confidential business information
`pursuant to Rule 20 1.6(a)( 1) in that:
`
`1. it is not available to the public;
`
`2. unauthorized disclosure of such information could cause substantial harm to
`the competitive position of Bose; and
`
`3. the disclosure of which could impair the Commission’s ability to obtain
`information necessary to perform its statutory functions.
`
`Respectfully submitted,
`
`Counsel for Bose Corporation
`
`4039991 5.doc
`
`

`
`Frederick P. Fish
`1855-1930
`
`W.K. Richardson
`1859-1951
`
`@
`
`ATLANTA
`
`A U S T I N
`
`B O S T O N
`
`DALLAS
`
`DELAWARE
`
`N E W Y O R K
`
`SAN D I E G O
`
`S I L I C O U VALLEY
`
`T W I N C I T I E S
`
`W A S H I N G T O N , D C
`
`I C H A R D S O N P.C.
`
`VIA HAND DELIVERY
`
`November 29,2007
`
`The Honorable Marilyn R. Abbott
`Secretary
`U. S. International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`Re:
`
`Certain Noise Cancelling Headphones
`
`1425 K STREET, N.W.
`IITH FLOOR
`WASHINGTON, DC zooog
`
`Telephone
`202 783-5070
`
`Facsimile
`202 783-2331
`
`Web Site
`www.fr.com
`
`Dear Secretary Abbott:
`I am counsel for Bose Corporation (“Bose”). In accordance with 19 C.F.R. 8 201.6,
`Bose requests confidential treatment of the confidential business information
`contained in Confidential Exhibit 32 included with Bose’s Complaint Under Section
`337 of the Tariff Act, as amended.
`
`Confidential treatment is sought for the information contained in Confidential Exhibit
`32 because it is Bose’s declaration regarding domestic industry.
`
`The information described above qualifies as confidential business information
`pursuant to Rule 201.6(a)( 1) in that:
`
`1. it is not available to the public;
`
`2. unauthorized disclosure of such information could cause substantial harm to
`the competitive position of Bose; and
`
`3. the disclosure of which could impair the Commission’s ability to obtain
`information necessary to perform its statutory functions.
`
`Respectfully submitted,
`
`~
`
`Counsel for Bose Corporation
`
`4039991 S.doc
`
`

`
`UNITED STATES INTERNATIONAL T
`WASHINGTON, D.C.
`
`In the Matter of
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`Investigation No. 337-TA-
`
`COMPLAINT OF BOSE CORPOFUTION UNDER SECTION 337
`OF THE TARIFF ACT OF 1930, AS AMENDED
`
`I
`
`Complainant
`
`Proposed Respondents
`
`Bose Corporation
`100 The Mountain Road
`Frarningham, MA 0 170 1
`Tel: (508) 879-7330
`
`Counsel for Complainant
`
`Ruffin B. Cordell
`Andrew R. Kopsidas
`Jeffrey R, Whieldon
`FISH & RICHARDSON P.C.
`1425 K Street, N.W.
`Washington, DC 20005
`Tel: (202) 783-5070
`FAX: (202) 783-2331
`
`Charles Hieken
`Gregory A. Madera
`Adam J. Kessel
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 02 1 10
`Tel: (617) 542-5070
`FAX: (617) 542-8906
`
`Phitek Systems Limited
`Level 4, Axon Building, 2 Kingdon Street
`Newmarket, Auckland, New Zealand
`
`Phitek Systems Limited
`3049 Summerhill Court
`San Jose, California 95 148
`
`GN Netcorn, Inc.
`77 Northeastern Boulevard
`Nashua, New Hampshire 03062
`
`Audio Technica U.S., Inc.
`1221 Commerce Drive
`Stow, Ohio 44224
`
`Creative Labs, Inc.
`190 1 McCarthy Boulevard
`Milpitas, CA 95035
`
`Logitech Inc.
`6505 Kaiser Drive
`Fremont, CA 94555 USA
`
`Panasonic Corporation of North America
`One Panasonic Way
`Secaucus, NJ 07094
`
`

`
`TABLE OF CONTENTS
`
`I .
`I1 .
`
`111 .
`
`IV .
`
`V .
`
`INTRODUCTION ............................................................................................................... 1
`
`COMPLAINANT ................................................................................................................
`
`PROPOSED RESPONDENTS ............................................................................................
`
`PRODUCTS AT ISSUE ......................................................................................................
`
`2
`
`5
`
`7
`
`PATENT AT ISSUE ............................................................................................................ 8
`
`A . The '252 Patent ...........................................................................................................
`1 .
`2 .
`3 .
`4 .
`
`Identification of the Patent and Ownership by Bose ......................................... 8
`Non-Technical Description of the Patented Invention ....................................... 9
`Foreign Counterparts to the '252 patent .......................................................... 10
`Licensees ofthe '252 patent ............................................................................ 10
`
`8
`
`B . The '792 Patent .........................................................................................................
`1 .
`2 .
`3 .
`4 .
`
`Identification of the Patent and Ownership by Bose ....................................... 11
`Non-Technical Description of the Patented Invention ..................................... 11
`Foreign Counterparts to the '792 patent ..........................................................
`13
`Licensees ofthe '792 patent ............................................................................
`13
`
`11
`
`VI . RELATED LITIGATION .................................................................................................
`
`VI1 . W A R ACTS OF PROPOSED ESPONDENTS .........................................................
`
`13
`
`15
`
`VI11 . SPECIFIC INSTANCES OF UNFAIR IMPORTATION ................................................. 15
`IX .
`
`CLASSIFICATION OF THE INFRINGING PRODUCTS
`UNDER THE HARMONIZED TARIFF SCHEDULE OF
`THE UNITED STATES .................................................................................................... 17
`
`X .
`
`DOMESTIC INDUSTRY .................................................................................................. 17
`
`XI . REQUESTED RELIEF ......................................................................................................
`
`19
`
`i
`
`

`
`Exhibits
`
`LIST OF EXHIBITS AND APPENDICES
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`U.S. Patent No. 5,181,252
`
`Assignment for U.S. Patent No. 5,181,252
`
`U.S. Patent No. 4,922,542
`
`U.S. Patent No. 6,597,792
`
`Assignment for U.S. Patent No. 6,181,252
`
`Screenshot from Phitek website showing Phitek addresses
`
`Screenshot from GN and Jabra website
`
`Screenshot from Audio Technica website
`
`Screenshot from Creative Labs website
`
`Screenshot from Logitech website
`
`Screenshot from Panasonic website
`
`Infringement Claim Chart for U.S. Patent No. 5,181,252
`
`Infringement Claim Chart for U.S. Patent No. 6,597,792
`
`Screenshot from Phitek website describing Phitek’s scope of operations
`
`Photograph of Product Packaging for Jabra Accused Product
`
`Copy of Purchase Receipt for Jabra Accused Product
`
`Photograph of Product Packaging for Audio Technica Accused Product
`
`Copy of Purchase Receipt for Audio Technica Accused Product
`
`Photograph of Product Packaging for Phitek Accused Product
`
`Copy of Purchase Receipt for Phitek Accused Product
`
`Photograph of Product Packaging for Panasonic Accused Product
`
`Copy of Purchase Receipt for Panasonic Accused Product
`
`Photograph of Product Packaging for Logitech Accused Product
`
`11
`
`

`
`24.
`
`25.
`
`26.
`
`27.
`
`2s.
`
`29.
`
`30.
`
`31.
`
`32.
`
`Copy of Purchase Receipt for Logitech Accused Product
`
`Photograph of Product Packaging for Creative Labs Accused Product
`
`Copy of Purchase Receipt for Creative Labs Accused Product
`
`Photographs of Bose Headphone Models
`
`Owner Guide for Bose Consumer Headphones
`
`Owner Guide for Aviation Headsets
`
`Domestic IndustryClaim Chart for U.S. Patent No. 5,181,252
`
`Domestic Industry Claim Chart for U.S. Patent No. 6,597,792
`
`Confidential Declaration of Sean Garrett
`
`Appendices
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`Copy of the prosecution history of U.S. Patent No. 5,181,252
`
`Copy of the prosecution history of U.S. Patent No. 4,922,542
`
`References cited in the prosecution history of U.S. Patent Nos. 5,18 1,252
`and 4,922,542
`
`Copy of the prosecution history of U.S. Patent No. 6,597,792
`
`References cited in the prosecution history of U.S. Patent No. 6,597,792
`
`...
`111
`
`

`
`I.
`
`I N T ~ O D ~ ~ T I O N
`
`1.1. Pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
`4 1337, Complainant Bose Corporation (“Bose” or ‘“Complainant”) requests that the
`
`United States International Trade Commission commence an investigation to remedy the
`
`unlawful importation into the United States, sale for importation, and/or sale within the
`
`United States after importation by the owner, importer, or consignee of certain noise
`
`cancelling headphones1 that infi-inge valid and enforceable patents owned by Bose.
`
`1.2. Specifically, as explained below, each of the proposed respondents have
`
`engaged in unfair acts in violation of Section 337 through and in connection with the
`
`unlawful importation, sale for importation, and/or sale within the United States after
`
`importation of certain noise cancelling headphones (collectively, the “Accused
`
`Products”) that infringe one or more of claims 1,2, and 5 of U.S. Patent No. 5,181,252
`
`(“the ’252 patent”) and one or more of claims 1 and 2 of U.S. Patent No. 6,597,792 (“the
`
`’792 patent”) (collectively the “Asserted Patents”).
`
`1.3. A certified copy of the ’252 patent, entitled “High Compliance Headphone
`
`Driving,” is attached hereto as Exhibit 1. Bose owns by assignment the entire right, title,
`
`and interest in and to the ’252 patent. A certified copy of the recorded assignment for the
`
`’252 patent is included as Exhibit 2. A certified copy of U.S. Patent No. 4,922,542 is
`
`attached hereto as Exhibit 3.2
`
`1.4. A certified copy of the ’792 patent, entitled “Headset Noise Reducing,” is
`
`attached hereto as Exhibit 4. Bose owns by assignment the entire right, title, and interest
`
`The terms “headphone(s)”’ and “headset(s)” are used interchangeably herein.
`* In the interest of completeness, Bose is providing as Exhibit 3 a certified copy of
`Bose’s U.S. Patent No. 4,922,542, entitled “Headphone Comfort,” a parent to the asserted
`’252 patent.
`
`1
`
`

`
`in and to the '792 patent. A certified copy of the recorded assignment for the '792 patent
`
`is included as Exhibit 5.
`
`1.5. As required by Section 337(a)(2) and defined by Section 337(a)(3), an
`
`industry in the United States exists relating to articles protected by the Asserted Patents.
`
`1.6. Bose seeks an order pursuant to Section 337(d) permanently excluding
`
`from entry into the United States the accused noise cancelling headphones. Bose further
`
`seeks cease and desist orders pursuant to Section 337(f) directing the proposed
`
`respondents and any of their related companies, affiliates, or agents to immediately
`
`discontinue importing into the United States, offering for sale, using, warehousing,
`
`distributing, transferring, and/or selling within the United States after importation the
`
`accused noise cancelling headphones.
`
`II.
`
`COMPLAINANT
`
`2.1. Bose is a corporation organized and existing under the laws of the State of
`
`Delaware with a principal place of business at 100 The Mountain Road, Framingham,
`
`Massachusetts 01 701. Since the company was founded in 1964, Bose has been designing
`
`and developing unique sound solutions for a host of audio applications, including home
`
`entertainment and home audio, aviation and automotive industries, even the space
`
`program. Bose has also designed professional sound systems for many applications,
`
`including stadiums and auditoriums, houses of worship, retail businesses, department
`
`stores and restaurants.
`
`2.2. Bose develops, manufactures, and supports a wide range of products
`
`including the following: testing instruments; automotive music systems; professional
`
`2
`
`

`
`audio systems; and home audio and acoustic equipment, such as stereos, speakers,
`
`headphones, headsets, tabletop, and home theater systems.
`
`2.3.
`
`In addition to its corporate headquarters and engineering facility in
`
`Massachusetts, Bose has operations in Maryland, Michigan, Minnesota, Arizona, South
`
`Carolina, Canada, Mexico, China, Japan, Europe, and Australia.
`
`2.4. Over the course of the last 30 years, since Bose started work on noise
`
`cancelling headphones and headsets, it has made significant investment in the research,
`
`development, engineering, and design of the proprietary technologies now implemented
`
`in its consumer headphones and aviation and military headsets, as well as significant
`
`investment in plant and equipment and employment of labor in the manufacture of
`
`aviation and military headsets.
`
`2.5. Bose was founded in 1964 by Dr. Amar Bose, whose extensive research in
`
`the fields of speaker design and psychoacoustics-the human perception of sound--has
`
`resulted in significantly new design concepts that help deliver the emotional impact of
`
`live music.
`
`2.6. During a 1978 flight to Boston returning from Zurich, Dr. Bose was trying
`
`out a new set of airline-supplied headphones and found that the experience was a great
`
`disappointment to him, as the fidelity benefits of the new headphones, compared to the
`
`older pneumatic tube phones, were masked by significant audible cabin noise and by the
`
`distortion that resulted from increasing the headphone volume to overcome this noise.
`
`On that flight, Dr. Bose formulated the basic concept and technology for a headphone
`
`that would not only reproduce speech and music with high fidelity, but also
`
`simultaneously act to significantly reduce unwanted cabin noise.
`
`3
`
`

`
`2.7. Dr. Bose’s mathematical analysis showed that servo technology, in theory,
`
`could be applied to achieve the desired performance with a stable system. Upon his
`
`return, Dr. Bose initiated a research program to work on this problem. Early research
`
`centered on building models to validate the concept and to allow study of the materials
`
`and transducers needed to make the system work. As knowledge increased, Bose
`
`engineers began to consider applications for the technology.
`
`2.8. Over the next several years, a series of prototypes were built for the U.S.
`
`Air Force, the U.S. Army and, in 1986, for the experimental Voyager aircraft, in a
`
`privately sponsored, non-stop around-the-world flight. In 1989, Bose Corporation
`
`introduced the first commercially available active noise reduction headset. This product
`
`was designed for the aviation industry for communication in light aircraft and helicopters.
`
`2.9.
`
`In 1991, the U.S. Air Force selected Bose Corporation to produce an
`
`Acoustic Noise Cancelling@ headset for flight helmets and, in 1993, the Combat Vehicle
`
`Crewman (CVC) headset went into production for the U.S. Amy. The contract for the
`
`Performance Improved Combat Vehicle Crewman (PICVC) headset has since been
`
`renewed and these headsets are now being used by the U.S. A m y on Abrams Tanks and
`
`Bradley Fighting Vehicles. U.S. Air Force pilots flying the C-130 and other aircraft are
`
`also outfitted with Bose active noise reduction headsets. Product improvements were
`
`introduced in 1995 with the Acoustic Noise Cancelling@ headset Series 11, which was
`
`awarded “Product of the Year” by the Aircraft Owners and Pilots Association (AOPA).
`
`In 1998, the Base@ Aviation Headset XTM was introduced, offering a breakthrough in
`
`performance with Bose’s proprietary TriPortB headphone structure.
`
`4
`
`

`
`2.10.
`
`In 2004, Bose Corporation introduced the TriPort@ Tactical Headset,
`
`which is employed by infantry soldiers operating military Humvees, cargo trucks, and
`
`other wheeled vehicles. For over twenty-five years, Bose Corporation has leveraged its
`
`research in military and commercial noise reduction for consumer applications. The
`
`Quietcomfort* Acoustic Noise Cancelling headphones were first introduced in 2000. In
`
`2003, Bose Corporation debuted the Quietcomfort@ 2 headphone to critical acclaim,
`
`offering an unprecedented combination of noise reduction, audio performance, and
`
`comfortable fit in a more convenient around-the-ear headphone. In 2006, the product line
`
`was extended with the invention of the Quietcomfort@ 3 headphones offering new
`
`technologies that deliver the same level of performance as its predecessor in a smaller,
`
`more portable on-ear design.
`
`2.1 1. Bose products covered by the Asserted Patents include the Bose@
`
`Quietcomfort@ 2 Acoustic Noise Cancelling@ headphones and Quietcomfort@ Acoustic
`
`Noise Cancelling@ 3 headphones for consumer use, and Aviation Headset XTM and
`
`Tripod@ Tactical Headset & Product Improved Combat Vehicle Crewman Headsets for
`
`aviation and military use, respectively.
`
`111.
`
`PROPOSED QU POND EN^§
`
`3.1.
`
`Proposed respondent Phitek Systems Limited (“Phitek New Zealand”) is,
`
`upon information and belief, a corporation organized and existing under the laws of New
`
`Zealand, with a principal place of business at Level 4, Axon Building, 2 Kingdon Street
`
`Newmarket, Auckland, New Zealand. Proposed respondent Phitek Systems Limited
`
`(“Phitek U.S.”) has a place of business in the United States at 3049 Summerhill Court,
`
`San Jose, California. Upon information and belief, Phitek U.S. is a subsidiary of Phitek
`
`5
`
`

`
`New Zealand. (These two proposed respondents, both of which operate under the name
`
`“Phitek Systems Limited,” are collectively referred to herein as “Phitek”.) A copy of a
`
`page from Phitek’s website indicating its addresses is attached as Exhibit 6. On
`
`information and belief, Phitek is in the business of manufacturing and selling audio
`
`products, such as noise cancelling headphones. Further, on information and belief, Phitek
`
`manufactures, or has manufactured for it, headphones that infringe the asserted claims of
`
`the ’252 and ’792 patents and sells such headphones for importation into the United
`
`States, imports such headphones and/or sells them in the United States after importation.
`
`3.2.
`
`Proposed respondent GN Netcorn, Inc. (“Jabra”) is, upon infomation and
`
`belief, a corporation organized and existing under the laws of Delaware having a place of
`
`business at 77 Northeastern Boulevard, Nashua, New Hampshire. A copy of a page from
`
`Jabra’s website indicating its address is attached as Exhibit 7. Upon information and
`
`belief, Jabra imports into the United States and/or sells in the United States after
`
`importation infringing headphones manufactured by Phitek.
`
`3.3.
`
`Proposed respondent Audio Technica U.S., Inc. (“Audio Technica US.”)
`
`is, upon information and belief, a corporation having a place of business at 1221
`
`Commerce Drive, Stow, Ohio 44224. A copy of a page from Audio Technica U.S.’s
`
`website indicating its address is attached as Exhibit 8. Upon information and belief,
`
`Audio Technica U.S. imports into the United States andor sells after importation
`
`infringing headphones manufactured by Phitek.
`
`3.4.
`
`Proposed respondent Creative Labs, Inc. (“Creative U.S.”) is, upon
`
`information and belief, a corporation having a place of business at 1901 McCarthy
`
`Boulevard, Milpitas, California 95035. A copy of a page from Creative U.S.’s website
`
`6
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`

`
`indicating its address is attached as Exhibit 9. Upon information and belief, Creative
`
`US. imports into the United States andor sells after importation infringing headphones
`
`manufactured for it by Phitek.
`
`3.5.
`
`Proposed respondent Logitech Inc. (“Logitech US.”) is, upon infomation
`
`and belief, a corporation having a place of business at 6505 Kaiser Drive, Fremont,
`
`California, 94555. A copy of a page from Logitech U.S.’s website indicating its address
`
`is attached as Exhibit 10. Upon information and belief, Logitech U.S. imports into the
`
`United States and/or sells after importation infringing headphones manufactured by
`
`Phitek.
`
`3.6.
`
`Proposed respondent Panasonic Corporation of North America
`
`(“Panasonic”) is, upon information and belief, a corporation having a place of business at
`
`One Panasonic Way, Secaucus, NJ 07094. A copy of a page f?om Panasonic’s website
`
`indicating its address is attached as Exhibit 11. Upon information and belief, Panasonic
`
`imports into the United States and/or sells after importation infringing headphones
`
`manufactured by Phitek.
`
`IV.
`
`PRODUCTS AT ISSUE
`
`4.1. The products at issue are noise cancelling headphones. These devices
`
`identify and reduce ambient noise (for example, on airplanes) while faithfully preserving
`
`the sound the listener desires to hear. These noise cancelling headphones are used to
`
`listen to music, movie dialog, podcasts, and other audio content. They can also be used
`
`without a connected audio source simply to reduce outside noise and provide tranquility
`
`for the wearer.
`
`7
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`

`
`4.2. Bose manufactures, sells, and supports noise cancelling headphones and
`
`headsets under its own brand names, including the Bose@ Quietcomfort@ 2 Acoustic
`
`Noise Cancelling@ headphones, Quietcomfort@ 3 headphones, Aviation Headset XTM,
`
`and Triport@ Tactical Headset & Product Improved Combat Vehicle Crewman Headset.
`
`All of the above-listed headphonedheadsets are covered by the ’252 patent; the
`
`Quietcomfort@ 2 and 3 headphones are also covered by the ’792 patent. Bose assembles
`
`its consumer headphones at facilities in China with some remanufacturing (refurbishing)
`
`operations in Columbia, South Carolina.
`
`4.3.
`
`Proposed respondents import, sell and/or sell after importation, noise
`
`cancelling headphones under a variety of brand names and model numbers, including
`
`Jabra C820s Active Noise Cancellation Headphones, Audio Techica ATH-ANC7 Active
`
`Noise Cancelling Headphones, Phitek Black Box M 14 Noise Cancelling Headphones,
`
`Panasonic RP-HC5OO Noise Canceling Headphones, Logitech Noise Cancelling
`
`Headphones, and Creative Aurvana X-Fi Noise-Cancelling Headphones. All of the
`
`above-listed consumer headphones are covered by the asserted claims of the ,252 and
`
`’792 patents.
`
`V.
`
`PATENTS AT ISSUE
`
`A.
`
`The ’252 Patent
`
`1.
`
`Identification of the Patent and Ownership by Bose
`
`5.1.
`
`U.S. Patent No. 5,18 1,252 (Exhibit 1) is entitled “High Compliance
`
`Headphone Driving” and issued on January 19, 1993. The ’252 patent issued from U.S.
`
`Patent Application Serial No. 071782,874, which was filed on October 16, 1991. The
`
`’252 patent claims priority through a series of continuations to U.S. Patent Application
`
`8
`
`

`
`Serial No. 07/398,133, which was filed on August 23, 1989. The inventors of the ’252
`
`patent are Roman Sapiejewski and John J. Breen.
`
`5.2. Bose is the owner, by valid assignment, of the entire right, title and
`
`interest in and to the ’252 patent. The ’252 patent is valid, enforceable, and currently in
`
`full force and effect. (Exhibit 2).
`
`5.3.
`
`Pursuant to Rule 210.12(c) of the Commission’s Rules of Practice and
`
`Procedure, this Complaint is accompanied by Appendix A containing a certified copy
`
`and three additional copies of the prosecution history of the ’252 patent; and Appendix B
`
`containing four copies of each reference mentioned in that prosecution history.
`
`2.
`
`Non-Technical Description of the Patented Invention3
`
`5.4.
`
`The ’252 patent relates to noise cancelling headphones. In general, noise
`
`cancelling headphones include a microphone in each headphone earcup to monitor
`
`unwanted, outside sounds and generate a cancellation signal opposite to such sounds,
`
`reducing or attenuating the unwanted sounds while preserving sounds delivered from an
`
`audio source connected to the headphones, or if used without an audio source, a reduction
`
`in outside sound.
`
`5.5.
`
`In particular, the ’252 patent claims a noise cancelling headphone
`
`including a high compliance (i.e., low stiffness) driver (or “speaker”) to provide, inter
`
`alia, significant improvements in both passive attenuation and overall system efficiency,
`
`thereby reducing the electrical power required to generate sound pressures needed to
`
`cancel high levels of low fkequency noise. Figure 2 from the patent illustrates a
`
`This section (“Non-Technical Description of the Patented Inventiony7) does not, and is
`not intended to, construe either the specification or the claims of the patent.
`
`9
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`

`
`diagrammatic view of a high compliance driver within an earcup structure in accordance
`
`with at least one illustrative embodiment of the invention.
`
`3.
`
`Foreign Counterparts to the '252 patent
`
`5.6.
`
`The following foreign patents correspond to the '252 patent:
`
`Aug. 13,1990
`
`[CAI Canada
`
`2023 142-2 Abandoned4
`
`Aug. 21,1990
`
`[EP] Europe
`
`0414479
`
`Revoked'
`
`Aug. 23,1990
`
`[JP]
`
`Japan
`
`3268774
`
`Issued
`
`5.7. No other foreign applications or patents corresponding to the '252 patent
`
`have been filed, abandoned, withdrawn or rejected.
`
`4.
`
`Licensees of the '252 patent
`
`5.8.
`
`There have not been, nor are there currently, any licensees of the '252
`
`patent.
`
`4
`
`Abandoned before examination on August 3, 1997, by nonpayment of annuity.
`Details regarding the revocation are provided in Section VI.
`
`~
`
`10
`
`

`
`B.
`
`The ’792 Patent
`
`1.
`
`
`
`~ d e ~ t i ~ c a t i o ~ of the Patent and Ownership by Bose
`
`5.9. U.S. Patent No. 6,597,792 (Exhibit 3) is entitled “Headset Noise
`
`Reducing” and issued on July 22,2003. The ’792 patent issued from U.S. Patent
`
`Application Serial No. 09/353,425, which was filed on July 15, 1999. The inventors of
`
`the ’792 patent are Roman Sapiejewski and Michael J. Monahan.
`
`5.10. Bose is the owner, by valid assignment, of the entire right, title and
`
`interest in and to the ’792 patent. The ’792 patent is valid, enforceable, and currently in
`
`full force and effect. (Exhibit 4).
`
`5.1 1. Pursuant to Rule 21 0.12(c) of the Commission’s Rules of Practice and
`
`Procedure, tbis Complaint is accompanied by Appendix C containing a certified copy
`
`and three additional copies of the prosecution history of the ’792 patent; and Appendix D
`
`containing four copies of each reference mentioned in that prosecution history.
`
`5.12. On January 9,2004, Bose filed a broadening reissue of the ’792 patent
`
`(’792 reissue application). The reissue application is currently pending. In an Office
`
`Action mailed on September 7,2007, the United States Patent and Trademark Office
`
`indicated that claims 26 and 15- 17 would be allowable if rewritten in independent form.
`
`Claims 2-6 of the ’792 reissue application correspond to claims 2-6 of the ’792 patent.
`
`2.
`
`Non-Technicall Description of the Patented Invention6
`
`5.13.
`
`The ’792 patent relates to a headphone or headset including an earcushion
`
`formed with a number of openings to expose a foam material and to thereby significantly
`
`increase the effective volume of the earcup to embrace the volume occupied by cushion.
`
`This section (“Non-Technical Description of the Patented Invention”) does not, and is
`