throbber
UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`Inv. No. 337-TA-626
`
`NOTICE OF INVESTIGATION
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Institution of investigation pursuant to 19 U.S.C. § 1337
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade
`Commission on November 29,2007 under section 337 of the Tariff Act of 1930, as amended, 19
`U.S.C. 5 1337, on behalf of Bose Corporation of Framingham, Massachusetts. A letter
`supplementing the complaint was filed on December 20,2007. The complaint alleges violations
`of section 337 in the importation into the United States, the sale for importation, and the sale
`within the United States after importation of certain noise cancelling headphones by reason of
`iniiingement of certain claims of U.S. Patent Nos. 5,181,252 and 6,597,792. The complaint
`further alleges that an industry in the United States exists as required by subsection (a)(2) of
`section 337.
`
`The complainant requests that the Commission institute an investigation and, after the
`investigation, issue an exclusion order and cease and desist orders.
`
`ADDRESSES: The complaint and supplement, except for any confidential information
`contained therein, are available for inspection during official business hours (8:45 a.m. to 5: 15
`p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, S.W.,
`Room 112, Washington, D.C. 20436, telephone 202-205-2000. Hearing impaired individuals are
`advised that information on this matter can be obtained by contacting the Commission’s TDD
`terminal on 202-205-1810. Persons with mobility impairments who will need special assistance
`in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000.
`General information concerning the Commission may also be obtained by accessing its internet
`server at http://www.usitc.gov. The public record for this investigation may be viewed on the
`Commission’s electronic docket (EDIS) at http://edis.usitc.gov.
`
`FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of Unfair Import
`Investigations, U.S. International Trade Commission, telephone (202) 205-2575.
`
`

`
`AUTHORITY: The authority for institution of this investigation is contained in section 337 of
`the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice
`and Procedure, 19 C.F.R. § 2 10.10 (2007).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade
`Commission, on December 26,2007, 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 noise cancelling headphones by reason of
`infringement of one or more of claims 1,2, and 5 of U.S. Patent No. 5,181,252 and claims 1 and
`2 of U.S. Patent No. 6,597,792, and whether an industry in the United States exists as required by
`subsection (a)(2) of section 337;
`
`(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 -
`
`Bose Corporation
`100 The Mountain Road
`Framingham, Massachusetts 01 701
`
`(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:
`
`Phitek Systems Limited
`Level 4, Axon Building, 2 Kingdom Street
`Newmarket, Auckland, New Zealand
`
`Phitek Systems Limited
`3049 Summerhill Court
`San Jose, California 95148
`
`GN Netcom, Inc.
`77 Northeastern Boulevard
`Nashua, New Hampshire 03062
`
`Audio Technica U.S., Inc.
`122 1 Commerce Drive
`Stow, Ohio 44224
`
`-2-
`
`

`
`Creative Labs, Inc.
`1901 McCarthy Boulevard
`Milpitas, California 95035
`
`Logitech Inc.
`6505 Kaiser Drive
`Fremont, California 94555
`
`Panasonic Corporation of North America
`One Panasonic Way
`Secaucus, New Jersey 07094
`
`(c) The Commission investigative attorney, party to this investigation, is T.
`Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade
`Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
`
`(3) For the investigation so instituted, the Honorable Charles E. Bullock is designated as
`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 2 10.13 of the Commission’s Rules of Practice and
`Procedure, 19 C.F.R. 9 210.13. Pursuant to 19 C.F.R. $8 201.16(d) and 210.13(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 law judge and the
`Commission, without fkther notice to the respondent, to find the facts to be as alleged in the
`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: December 27,2007
`
`Marilyn
`Secretary of the Commission
`
`-3-
`
`

`
`CERTAIN NOISE CANCELLING HEADPHONES
`
`337-TA-626
`
`CERTIFICATE OF SERVICE
`
`I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF INVESTIGATION
`has been served by hand upon the and the following parties as indicated, on
`2007.
`December 27,
`
`U.S. International Trade Commissi&
`500 E Street, SW
`Washington, DC 20436
`
`COMPLAINANT:
`
`Bose Corporation
`100 The Mountain Road
`Framingham, MA 0 170 1
`P-508-879-7330
`
`COUNSEL FOR COMPLAINANT:
`
`Ruffin R. Cordell, Esq.
`Andrew R. Kopsidas, Esq.
`Jeffrey R. Whieldon, Esq.
`FISH & RICHARDSON P.C.
`1425 K Street, NW
`Washington, DC 20005
`P-202-783-5070
`F-202-783-233 1
`
`Charles Hieken, Esq.
`Gregory A. Madera, Esq.
`Adam J. Kessel, Esq.
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 021 10
`P-6 17-542-5070
`F-617-542-8906
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`Other: Cer-\ICleA Vkd
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`Other: &-<h&b mt 1
`( ) Via First Class Mail
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`()o other: (!e<hc\Ld t
`
`\
`
`~
`
`t
`
`
`
`

`
`Page 2 - Certificate of Service
`
`RESPONDENTS:
`
`Phitek Systems Limited
`Level 4, Axon Building, 2 Kingdom Street
`Newmarket, Auckland, New Zealand
`
`Phitek Systems Limited
`3049 Summerhill Court
`San Jose, California 95 148
`
`GN Netcom, Inc.
`77 Northeastern Boulevard
`Nashua, New Hampshire 03062
`
`Audio Technica US, Inc.
`122 1 Commerce Drive
`Stow, Ohio 44224
`
`Creative Labs, Inc.
`1901 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
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`(v Other: @w+;cKa -1
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`cd Other: kr.hhd W\z, 1
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`()Q Other: k&&& N b t 1
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`M other: L!~+&ai mar I
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`M 0 t h e r : C W k C i c d WZb I
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(d Other:
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`(\o Other: (!&-l&e
`
`yVl2, I
`
`

`
`Page 3 - Certificate of Service
`
`EMBASSY:
`
`Embassy of New Zealand
`37 Observatory Circle, NW
`Washington, DC 20008
`P-202-328-4800
`
`GOVERNMENT AGENCIES:
`
`Edward T. Hand
`Chief, Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`601 D Street, NW- Room 10023
`Washington, DC 20530
`
`George F. McCray, Esq.
`Chief, Intellectual Property Rights Branch
`U.S. Bureau of Customs and Border Protection
`Mint Annex Building
`1300 Pennsylvania Avenue, NW
`Washington, DC 20229
`
`Elizabeth Kraus, Esq.
`Deputy Director, International Antitrust
`Federal Trade Commission, Room 498
`600 Pennsylvania Avenue at Sixth Street, NW
`Washington, DC 20580
`
`Richard Lambert, Esq.
`Department of Health & Human Services
`Office of General Counsel
`National Institute of Health
`Building 3 1, Room 2B50
`9000 Rockville Pike
`Bethesda, MD 20892-21 11
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via First Class Mail
`(% Other:re&&d
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`CA) Via First Class Mail
`( )Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`
`(v Via First Class Mail
`
`( )Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(M Via First Class Mail
`( )Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( 9 V i a First Class Mail
`( )Other:
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Bose Corporation
`100 The Mountain Road
`Framingham, MA 01 701
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`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.
`
`Sincerely,
`
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Jeffrey R. Whieldon, Esq.
`FISH & RICHARDSON P.C.
`1425 K Street NW
`Washington, DC 20005
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Mr. Whieldon:
`
`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.
`
`Sincerely,
`
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Charles Hieken, Esq.
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 021 10
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Mr. Hieken:
`
`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.
`
`Sincerely,
`
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Phitek Systems Limited
`Level 4, Axon Building, 2 Kingdom Street
`Newmarket, Auckland, New Zealand
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). Phitek Systems Limited is a
`named respondent in this investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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,
`
`I
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Phitek Systems Limited
`3049 Summerhill Court
`San Jose, California 95 148
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). Phitek Systems Limited is a
`named respondent in this investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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.
`
`Secretary
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3 . Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`GN Netcom, Inc.
`77 Northeastern Boulevard
`Nashua, New Hampshire 03062
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Sirhiadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). GN Netcom, Inc. is a named
`respondent in this investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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,
`
`L-
`
`Secretary
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3 . Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Audio Technica US, Inc.
`122 1 Commerce Drive
`Stow, Ohio 44224
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). Audio Technica USA is a
`named respondent in t h ~ s investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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,
`
`Secretary
`
`W
`
`Enclosures :
`1. Complaint
`2. Notice of Investigation
`3 . Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Creative Labs, Inc.
`190 1 McCarthy Boulevard
`Milpitas, California 95035
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirNadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). Creative Labs, Inc. is a named
`respondent in this investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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,
`
`Enclosures :
`1. Complaint
`2. Notice of Investigation
`3 . Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Logitech, Inc.
`6505 Kaiser Drive
`Fremont, California 94555
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). Logitech, Inc. is a named
`respondent in this investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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,
`
`Secretary
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3 . Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Panasonic Corporation of North America
`One Panasonic Way
`Secaucus, NJ 07094
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under Section 337 of the Tariff
`Act of 1930, as amended (19 U.S.C. 1337). Panasonic Corporation of
`North America is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the complaint filed and the notice
`of investigation issued in this matter. Enclosed is a copy of the Code of
`Federal Regulations.
`
`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.
`
`Secretary
`
`Enclosures :
`1. Complaint
`2. Notice of Investigation
`3 . Code of Federal Regulations
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Embassy of New Zealand
`37 Observatory Circle NW
`Washington, DC 20008
`
`Re: Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear SirMadam:
`
`This letter is to advise you that the U.S. International Trade Commission has
`instituted an investigation under section 337 of the Tariff Act of 1930 (1 9
`U.S.C. 1337). One or more of the party-respondents named in the
`investigation is located in New Zealand.
`
`Pursuant to Commission rule 21 0.1 1 (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,
`
`Secretary
`
`Enclosure:
`1. Complaint
`2. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Mr. Edward T. Hand
`Chief, Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`601 D Street, NW-Room 10023
`Washington, DC 20530
`
`Re:
`
`Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Mr. Hand:
`
`The Commission has instituted an investigation under section 337 of the Tariff Act of
`1930 (19 U.S.C. 5337). A copy of the notice of investigation 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 Marilyn R. Abbott,
`Secretary at (202) 205-1802.
`
`If you have questions concerning this investigation, please contact the Commission
`investigative attorney whose name and telephone number appear in the enclosed
`notice.
`
`Sincerely,
`
`r'
`
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Elizabeth Kraus, Esq.
`Deputy Director, International Antitrust
`Federal Trade Commission, Room 498
`600 Pennsylvania Avenue at Sixth Street, NW
`Washington, DC 20580
`
`Re:
`
`Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Ms. Kraus:
`
`The Commission has instituted an investigation under section 337 of the Tariff Act of
`1930 (19 U.S.C. 9337). A copy of the notice of investigation 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 Marilyn R. Abbott,
`Secretary at (202) 205-1802.
`
`If you have questions concerning this investigation, please contact the Commission
`investigative attorney whose name and telephone number appear in the enclosed
`notice.
`
`Sincerely,
`
`1
`
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`December 27,2007
`
`George F. McCray, Esq.
`Chief, Intellectual Property Rights Branch
`U.S. Bureau of Customs and Border Protection
`1300 Pennsylvania Avenue, N.W.
`Mint Annex Building
`Washington, DC 20229
`
`Re:
`
`Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Mr. McCray:
`
`The Commission has instituted an investigation under section 337 of the Tariff Act of
`1930 (19 U.S.C. 9337). A copy of the notice of investigation 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 Marilyn R. Abbott,
`Secretary at (202) 205-1802,
`
`If you have questions concerning this investigation, please contact the Commission
`investigative attorney whose name and telephone number appear in the enclosed
`notice.
`
`Sincerely,
`
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC 20436
`
`December 27,2007
`
`Richard Lambert, Esq.
`Department of Health & Human Services
`Office of General Counsel
`National Institute of Health
`Building 3 1 , Room 2B50
`9000 Rockville Pike
`Bethesda, MD 20892-21 11
`
`Re:
`
`Certain Noise Canceling Headphones
`Inv. No. 337-TA-626
`
`Dear Mr. Lambert:
`
`The Commission has instituted an investigation under section 337 of the Tariff Act of
`1930 (19 U.S.C. 5337). A copy of the notice of investigation 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 Marilyn R. Abbott,
`Secretary at (202) 205-1802.
`
`If you have questions concerning this investigation, please contact the Commission
`investigative attorney whose name and telephone number appear in the enclosed
`notice.
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`_. ._
`Print your name and addre's on the reverse
`so that we can return the card to you.
`Attach this card to the back of the mlpiace,
`or on the fmnt if space permits.
`-11
`
`~
`
`1. Article Addressed to:
`
`Eose Corporation
`
`2. Article Number
`(i7mstsr fmm service 1-
`PS Form 381 1, August 2001
`
`-_--
`
`D. bddtveiy
`if YES. enter dellvety address below 0 NO
`
`~~
`
`11
`II
`
`.
`
`.
`
`
`
`~
`
`I
`
`i
`
`0 Registwed
`FWm Receipt for Merchandise
`0 Insured Mail 0 C.O.O.
`I
`4. Restricted Delivery? (Extta Fea)
`7003 2260 0004 5379 5581.1
`Domestic Rehlm Receipt
`
`0 Ye9
`
`I
`
`II
`
`I
`
`Embassy of New Zealand
`37 Observatory Circle, NW
`Washington, DC 20008
`
`2. Artlcie Number
`rmhrfm,,,3em,mw
`PS Form 381 1, August 2001
`
`.us,
`
`7003 22h0 0004 5379 5577 '
`1403 33q-baV'm-"'mi
`
`Domestic Return Receipt
`
`I
`
`

`
`I 1 Complete items 1.2, and 3. Also complete
`item 4 if Restricted Delivety is desired.
`Print your name and addres on the reverse
`so that we can return the card to you.
`1 Attach this card to the back of the mailpiece,
`or on the front if space permits.
`1. Article Addressed to:
`
`A Signature
`/ / x
`8. Recdved by (Mnted NamJ
`
`,
`
`C. Date of Delivery ,
`
`Audio Technica U.S., Inc.
`1221 Commerce Drive
`Stow, Ohio 44224
`
`CartiRed Mall
`ExpreSS Mall
`0 Return R-pt
`0 Regiatered
`0 Insured Mall 0 C.O.D.
`
`for Merchandlse 1
`
`2. Article Number
`PS Form 381 1, August 2001
`
`7003 2260 UUO4 5445 3926
`Domestic Return Receipt N0-J- 333-b~om=-w1w
`
`1 Complete items 1, 2, and 3. Also complete
`item 4 if Restricted Delivery is desired.
`
`A Signature
`"
`
`0 bent
`
`1 Attach this card to the back of the mailpiece.
`or on the front if space permtts.
`1. Article Addressed to.
`
`8. Rsceived by (Printed Name)
`
`C. Date of Delivery
`
`If YES, enter delivery a d d m below:
`
`No
`
`GN Netcom. InC.
`77 Northeastern Boulevard
`Nashau, New Hampshire 03062
`
`I'
`
`1 3. y&zMall
`
`I
`
`I
`
`Em-Mail
`0 Retum Receipt for Merchandise
`Registered
`Insured Mail 0 C.O.D.
`4. Restricted Deiivety? (&ira Fee)
`7003 2260 0004 5 4 4 5 3995
`Domestic Return Receipt
`
`-
`
`--
`
`0 Yes
`
`-
`
`2. AmcleNumber
`(hnsfer from service label)
`PS Form 381 1, August 2001
`
`Complete items 1,2, and 3. Also complete
`item 4 if Restricted Delivery is desired.
`Print your name and address on the reverse
`so that we can return the card to you.
`Attach this card to the back of the mailpiece.
`or onwe front if space permtts.
`1. Article Addressed to:
`
`__
`
`Phitek Systems Limited
`3049 Summerhill Court
`San Jose, California 951 48
`
`1
`
`A signature
`
`8. Recelved by (Printed NemeJ
`
`I
`
`Obent
`C. Date of Delivery I
`0 Addressee
`
`-
`
`D. Is delhwy address different fmm item 17
`If YES, enter delivery address below
`
`0 Yes
`NO
`
`I
`
`1 3.
`
` mail
`0 Registered
`Return Receipt for Metchandise
`Insured Mail 0 C.O.D.
`4. R&cted Delivery? (&ira Fee)
`
`0 Yes
`
`-
`
`-
`
`I
`
`I
`
`

`
`Complete items 1, 2, and 3. Also complete
`item 4 if Restncted Delivery is desired.
`Pnnt your name and address on the reverse
`so that we can return the card to you.
`Attach this card to the back of the madpiece.
`
`A Signature
`
`If YES, enter delivefy address below: 0 No
`
`Panasonic Corporation of North America
`One Panasonic Way
`Secaucus, New Jersey 07094
`
`I
`
`-
`
`2. ArticleNurnber
`(iimsfar horn senrice 1-
`PS Form 381 1, August 2001
`
`7003 2260 0004 5 4 4 5 3612
`
`Domestic Return Recapt
`
`kern 4 if Restricted Delivery is desired.
`D Print your name and address on the reverse
`so that we can return the card to you.
`Attach this card to the back of the mailpiece,
`or on the front if space permits.
`1. ArticieAddressed to:
`
`If YES, h e r del
`
`-
`
`- _
`
`Logitech Inc.
`6505 Kaiser Drive
`Frernont, California 94555
`
`Mail
`
`oE*preJsMail
`
`!
`
`I
`
`I
`
`'
`,
`
`I
`
`I
`
`I
`
`I
`
`If YES, e n t ~ delivery address below 0 No
`
`I
`
`Pnnt your name and
`
`-
`
`Creative Labs, Inc.
`1901 McCarthy Boulevard
`Milpitas, Califoinia 95035
`
`3. SW@%Type
`d & M e d M d
`OExpressMail
`0 Return Recelpt for Menhandlse ,
`0 Registered
`0 insured Mali 0 C.O.D.
`4. Restricted D d I W (E*aa Fee)
`_ _
`7003 22b0 0 0 0 4 5'445 3599
`333 -b
`
`OYeS
`
`,
`,
`
`Domestic Return Receipt
`
`~ m g w * ' " I
`
`2. Article Number
`from service label)
`(
`T
`i
`
`PS Form 381 1, August 2001
`
`

`
`I
`
`3
`
`I
`
`I
`
`j m Complete items 1, 2, and 3. Also complete
`item 4 if Restricted Delivery is desired.
`Print your name and address on the reverse
`so that we can return the card to you.
`Attach this card to the back of the mailpiece,
`or on the front if space permits.
`1. Article Addressed to:
`
`A. Signature
`X
`, 6. Received by (Printed Name)
`I
`
`I
`,
`[7 Agent
`[7 Addressee !
`C. Date of Delivery !
`I
`i
`I
`D. Is delivery address different from item I? c] Yes
`If YES, enter delivery address below:
`NO
`
`1
`I
`
`.
`
`,
`
`
`
`,
`
`1
`
`I
`
`Ruffin R Cordell, Esq
`FISH 8 RICHARDSON
`1425 K Street, NW
`Washington, Dc 20005
`
`2. Article Number
`(liinsfer from service label)
`PS Form 381 1, August 2001
`
`I
`3' x ; i i r M a i I 0 Exp-
`I
`Mail
`0 Registered
`Return Receipt for Merchandise , I
`Insured Mail 0 C.O.D.
`Fee)
`4. Restricted Delively?
`7003 2260 0004 5 4 4 5 3629
`b&i 02595-02-M-1540
`
`wT 3 33
`
`Domestic Return Receipt
`
`~
`
`Yes
`
`1 1
`
`1
`
`I
`
`~
`
` ;
`.
`.
`-- - - _
`- _
`-_
`- - _ _
`:
`Charles Hieken, Esq.
`FISH i% RICHARDSON
`225 Franklin Street
`Boston, MA 021 10
`
`,
`
`I
`
`.3 I
`
`If YES, enter delivery address below: 0 No
`
`Exprsss Mail
`1 I
`~ M a
`i
`,
`
`3* ~
`~
`~
`Return Raceipt for Menhandise I
`Registered
`0 Insured Mail 0 C.O.D.
`I
`4. Restricted Delivery? (Extra Fee)
`
`I7 Yes
`
`

`
`Newmarket, Auckland
`
`Newmarket, Auckland

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