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`04/03 2008 Tue 11:37 max +54 9 524 2985 Phitek Systems
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`002/002
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`WASHINGTON, D.C.
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`Investigation No. 337-TA-626
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`
`
`
`
`In the Matter of
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`DECLARATION PURSUANT TO 28 U.S.C. § 1746 OF MARK DONALDSON
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`I, Mark Donaldson, declare under penalty of perjury under the laws of the United States
`
`of America as follows:
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`1.
`
`I am the founder and Chief Executive Officer of Phitek Systems Limited
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`(“Phitel<”).
`
`2.
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`Phitek has been in the business of designing, manufacturing, and selling
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`headphones since 2003.
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`3.
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`4.
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`Phitek researches and develops audio products.
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`Phitek customizes headphones for its customers, including the other Respondents
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`in this matter. As a result, all of the Respondents in this matter have Confidential Business
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`Information (“CB1”) that is the fruit of Phitek’s research and development. Said CB1 is protected
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`by confidentiality agreements between Phitek and its customers because the information
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`constitutes trade secrets.
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`5.
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`Phitek gains a considerable competitive advantage from its proprietary research
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`and development, and the disclosure of that information to competitors would be extremely
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`harmful to Phitek.
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`I declare under penalty and perjury under the laws of the United States of America that
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`the foregoing is true and correct.
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`March 4, 2008:
`
` /‘K.
`Mark‘Donaldson
`Chief Executive Officer
`
`Phitek Systems Limited (NZ)
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`5041 l94v.l l232l4fD0O04
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