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`PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Charles E. Bullock
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`co
`
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO RESPOND&T
`1 1:
`4 " . *
`L 1 1 - J
`LOGITECH, INC. BASED UPON SETTLEMENT AGREEMENT %"
`;
`+
`i
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`Pursuant to the United States International Trade Commission's Rules of Practice and
`Procedure, 19 C.F.R. $0 21 0.21(b), Complainant Bose Corporation ("Bose") and Respondent
`
`~
`
`Logitech, Inc. ("Logitech") hereby jointly move to terminate this investigation as to Respondent
`
`Logitech based upon the attached Settlement Agreement (Exhibit A). There are no other
`
`agreements, written or oral, express or implied, between Bose and Logitech concerning the
`
`subject matter of this investigation.
`
`Bose and Logitech submit that termination of this investigation with respect to Logitech
`
`will simplify and streamline the factual issues in this investigation without causing any prejudice
`
`to the remaining Respondents. Further, given that the parties have reached a settlement
`
`agreement, termination of this investigation as to Logitech is in the interest of the public and
`
`administrative economy.
`
`Bose has consulted with the Commission Investigative Attorney regarding this motion.
`
`The Commission Investigative Attorney will provide the position of the Office of Unfair Import
`
`Investigations after reviewing the attached papers in more detail.
`
`

`
`PUBLIC VERSION
`
`Accordingly, Bose and Logitech respectfully request that the Administrative Law Judge
`
`issue an initial determination terminating this investigation as to Respondent Logitech on the
`
`basis of the attached Settlement Agreement.
`
`Dated: April 18,2008
`
`Respectfully submitted,
`
`FISH & RICHARDSON P.C.
`
`I/ Andrew R. Kopsidas
`Jeffrey R. Whieldon
`Autumn J.S. Hwang
`FISH & RICHARDSON P.C.
`1425 K Street, N.W.
`1 1 th Floor
`Washington, D.C. 20005
`Telephone: (202) 783-5070
`Facsimile: (202) 783-233 1
`
`Charles Hieken
`Gregory A. Madera
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 021 10
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`
`Jordan T. Fowles
`FISH & RICHARDSON P.C.
`17 17 Main Street
`Suite 5000
`Dallas, TX 75201
`Telephone: (214) 747-5070
`Facsimile: (2 14) 747-209 1
`
`Attorneys for Complainant
`Bose Corporation
`
`
`
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO LOGITECH-PAGE 2
`
`

`
`Dated: April 18,2008
`
`PUBLIC VERSION
`
`William B. Nash
`Daniel D. Chapman
`Mark Fassold
`JACKSON WALKER L.L.P.
`112 E. Pecan Street., Suite 2400
`San Antonio, TX 78209
`
`Attorneys for Respondent Logitech Inc.
`
`
`
`JOINT MOTION TO TERMINATE INVESTIGATION AS TO LOGITECH-PAGE 3
`
`

`
`CERTIFICATE O F SERVICE
`
`I hereby certify that true and correct copies of the foregoing document, JOINT
`MOTION TO TERMINATE INVESTIGATION AS TO RESPONDENT LOGITECH,
`INC. BASED UPON SETTLEMENT AGREEMENT have been served on this 18th day
`of April 2008, on the following:
`
`The Honorable Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E Street, S.W., Room 112
`Washington, D.C. 20436
`
`The Honorable Charles E. Bullock
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street S.W.
`Washington, D.C. 20436
`
`Christopher G. Paulraj, Esq.
`T. Spence Chubb, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street SW, Room 401-R
`Washington, D.C. 20436
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`Morrison & Foerster LLP
`2000 Pennsylvania Avenue, N. W.
`Washington, D.C. 20006
`
`Counsel for Phitek Systems Limited, GN
`Netcom, Inc., Logitech Inc. and Creative
`Labs, Inc.
`
`Via First Class Mail
`Via Hand Delivery
`0 Via Federal Express
`0 Via Electronic Filing
`
`0 Via First Class Mail
`Via Hand Delivery
`0 Via Federal Express
`0 Via Electronic Mail
`
`0 Via First Class Mail
`IXI Via Hand Delivery
`0 Via Federal Express
`0 Via Electronic Mail
`
`Via First Class Mail
`0 Via Hand Delivery
`0 Via Federal Express
`Via Electronic Mail
`
`

`
`William B. Nash
`Dan Chapman
`Mark Fassold
`Jackson Walker LLP
`112 E. Pecan Street, Suite 2400
`San Antonio, TX 78205
`
`Counsel for Phitek Systems Limited, GN
`Netcom, Inc., Logitech Inc. and Creative
`Labs, Inc.
`
`Arthur Wineburg
`Daniel E. Yonan
`Akin Gump Strauss Hauer & Feld LLP
`1333 New Hampshire Avenue, N.W.
`Washington, D.C. 20036
`
`Counsel for Audio Technica U.S., Inc.
`
`James P. White
`Gerald T. Shekleton
`J. Aron Carnahan
`Welsh & Katz, Ltd.
`120 South Riverside Plaza, 22"d Floor
`Chicago, IL 60606
`
`Counsel for Audio Technica US., Inc.
`
`Daniel Ebenstein
`Abraham Kasdan
`Joseph Casino
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 100 16
`
`Counsel for Panasonic Corporation of
`North America
`
`[XI Via First Class Mail
`0 Via Hand Delivery
`0 Via Federal Express
`[XI Via Electronic Mail
`
`[XI Via First Class Mail
`0 Via Hand Delivery
`Via Federal Express
`[XI Via Electronic Mail
`
`[XI Via First Class Mail
`0 Via Hand Delivery
`0 Via Federal Express
`Via Electronic Mail
`
`[XI Via First Class Mail
`0 Via Hand Delivery
`0 Via Federal Express
`[XI Via Electronic Mail
`
`2
`
`

`
`Tom M. Schaumberg
`Jamie D. Underwood
`Adduci, Mastriani & Schaumberg LLP
`1200 Seventh Street, N.W., Fifth Floor
`Washington, D.C. 20036
`
`Counsel for Panasonic Corporation of
`North America
`
`[XI Via First Class Mail
`Via Hand Delivery
`0 Via Federal Express
`[XI Via Electronic Mail
`
`3
`
`

`
`EXHIBIT A
`
`EXHIBIT A
`
`

`
`SETTLEMENT AGREEMENT
`
`This Settlement Agreement (“Agreement”) is entered into and effective as of April 10,
`2008 (the “Effective Date”) by and between Bose Corporation (“Bose”), 100 The Mountain
`Road, Framingham, Massachusetts 01 701 and Logitech, Inc. (“Logitech”), 6505 Kaiser Drive,
`Fremont, California 94555. Bose and Logitech may be referred to herein separately as a “Party”
`and together as the “Parties.”
`
`RECITALS
`
`WHEREAS, Bose filed a Complaint in the United States International Trade Commission
`against Logitech and others on or about November 29,2007, which resulted in the Investigation
`entitled In the Matter of Certain Noise Cancelling Headphones, Inv. No. 337-TA-626 (the “ITC
`Action”).
`
`TERMS AND COVENANTS
`
`In mutual consideration of the promises and obligations set forth below, the receipt and
`sufficiency of which is hereby acknowledged, the Parties agree as follows:
`
`1.
`
`DEFINITIONS
`
`“Affiliate” means the stockholders, officers, directors, successors or assigns of
`1.1
`Logitech, together with any corporation or other business entity that directly or indirectly
`Controls, is Controlled by, or is under common Control with Logitech.
`
`“Control” or “Controlled” means the possession, direct or indirect, of the legal
`1.2
`ability to direct or cause the direction of the management and policies of a person, whether
`through the ownership of voting shares or of other voting rights entitled to elect directors or other
`managing authority, by contract, or otherwise, and ownership of more than 50% of the voting
`shares or of other voting rights entitled to elect directors or other managing authority for such
`person shall conclusively be deemed to constitute “Control” as defined herein.
`
`“Bose Patent(s)” means U.S. Patent Nos. 5,181,252 and 6,597,792; German
`1.3
`Patent No. 38 43 292; European Patent No. 1 075 164; and Japanese Patent No. 3268774.
`
`“Related Bose Patent Application(s)” means Japanese Patent Application
`1.4
`No.2000-214735; Chinese Patent Application Nos. 00121656.2 and 200410097494.6; Hong
`Kong Application Nos. 01 105525.2 and 00121656.2; European Application No. 051 13070.6;
`U.S. Reissue Application Serial No. 10/754,094, and any hture applications that claim priority
`to one of more of these.
`
`“Noise Reducing Headphones” means headphones which fit on a head having two
`1.5
`ear cups with earphones that identify and reduce ambient noise with circuitry and components in
`the ear cups which actively attenuate the sound perceived at the ear of the user.
`
`1.6
`
`“Patented Regions” means the United States, Europe, and Japan.
`
`1
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`

`
`“Patent-Pending Regions” means the United States, Europe, Japan, China and
`
`1.7
`Hong Kong.
`
`1.8
`
`2.
`
`AGREEMENT TO CEASE AND DESIST
`
`2.1
`
`2.2
`
`2
`
`

`
`Exclusions. This Agreement and its provisions shall not apply to any Bose Patent
`2.4
`or Related Bose Patent Application that has expired, or has been declared invalid or
`unenforceable by the ITC or a court of competent jurisdiction in any final judgment that is
`subject to no further review, or to any product which does not infringe the Bose Patent.
`
`3.
`
`DISMISSAL
`
`Upon execution of this Agreement, Bose will take action to have Logitech terminated
`from the ITC Action. Bose shall take this action within seven (7) business days of the execution
`of this Agreement. If terminating the ITC Action involves filing of ajoint motion, Logitech
`agrees to join such a motion.
`TERM AND REMEDIES
`
`4.
`
`Term and Termination. The term of this Agreement will commence on the
`4.1
`Effective Date and will expire on the sooner to occur of (i) the expiration of the last to expire of
`the Bose Patents or Related Bose Patent Application; or (ii) upon a holding of rejection or
`invalidity or unenforceability or the cancellation of all claims of all of the Bose Patents and
`Related Bose Patent Applications pursuant to a final order or judgment of a court or agency of
`competent jurisdiction that is subject to no hrther review.
`
`The breach of any provision of this Agreement shall not relieve the breaching
`4.2
`party of its obligations hereunder.
`
`4.3 In the event of termination of this Agreement, all rights and obligations which by
`nature survive the expiration or termination of this Agreement shall remain in effect to the
`degree necessary to permit their complete hlfillment or discharge, including specifically any
`warranty or confidentiality provisions.
`
`5.
`
`CONFIDENTIALITY AND PUBLICITY
`
`5.1 With respect to the disclosure of information about this Agreement and the terms
`contained herein, the parties hereby agree that:
`
`3
`
`

`
`disclose: (i) that it has settled with the other; (ii) any other information that is included
`within the press statements released by a Party, in compliance with this Section 5; (iii)
`any information which a Party in good faith deems necessary or appropriate given the
`public disclosure(s) made by the other Party in order to respond accurately to such public
`disclosures; and (iv) any other information that the Parties may agree in writing may be
`disclosed from time to time.
`
`Notwithstanding any provision to the contrary herein, either Party and any
`(c)
`of its Affiliates are permitted to disclose the terms of this Agreement and information
`relating to this Agreement or any information covered by the limitations of this Section 5
`(collectively “Information”) if required to do so by law, legal process or court order. In
`the event any Party or any of its Affiliates receives either a subpoena (or other legal
`process) or court order seeking Information, such Party or Affiliate shall, as soon as
`reasonably feasible, provide the other Party with written notice of such subpoena, legal
`process, order or legal requirement in sufficient time (if reasonably feasible) to permit the
`other Party the opportunity to object, seek to limit such production of information and/or
`obtain an appropriate protective order, and shall reasonably cooperate with the other
`party in its efforts to obtain such protective order. Such Party or Affiliate also shall
`exercise reasonable efforts to maintain the confidentiality of this Agreement (e.g. by
`designating the Agreement confidential under an appropriate protective order). Nothing
`in this paragraph should be understood as obligating a Party to not comply with any duly
`issued subpoena or court order.
`
`Notwithstanding any provision to the contrary herein, any Party is
`(d)
`permitted to file this Agreement under seal with and disclose (consistent with this Section
`5), to a court, tribunal or government agency of competent jurisdiction in an action or
`proceeding brought by or against a Party when reasonably necessary for such action or
`proceeding.
`
`6.
`
`MISCELLANEOUS
`
`Successors and Assims. This Agreement benefits and is binding upon each Party
`6.1
`hereto and each Party’s heirs and assigns. Each Party represents and warrants that the person
`signing this Agreement has the authority to bind the Party to the terms of this Agreement. Each
`Party further represents and warrants that it has no commitments or obligations that would in any
`way impede its ability and right to enter into this Agreement and comply with the terms of this
`Agreement.
`
`6.2 Countemarts. This Agreement may be executed by the Parties in two
`counterparts, but will not be effective until each Party has executed a counterpart. Each
`counterpart will be deemed an original, but the counterparts will together constitute one
`Agreement. A facsimile of or scanned copy of a signature shall be deemed an original signature.
`
`Choice of Law. The Agreement shall be interpreted under and in accordance with
`6.3
`the laws of the Commonwealth of Massachusetts.
`
`4
`
`

`
`Entire Aaeement. The Bose Patents and Related Bose Patent Applications may
`6.4
`be used in construing this Agreement. No other document, agreement, understanding, or
`representation not contained in this Agreement may be used to construe or vary the terms of this
`Agreement. This Agreement incorporates the entire understanding of the Parties with respect to
`the subject matter of this Agreement and cancels and supersedes all prior agreements between
`the Parties, whether oral or written, with respect to this subject matter. This Agreement may
`only be modified or amended by an instrument in writing signed by duly authorized
`representatives of the Parties. Notwithstanding this provision, the parties may rely on any
`evidence appropriate under the patent laws to construe the claims of the Bose Patents should the
`need arise.
`
`Severability. Should any part(s) of this Agreement be held invalid or
`6.5
`unenforceable, the remainder of this Agreement shall continue in force, and the Parties shall use
`their best efforts to arrive at a substitute for the part(s) held invalid or unenforceable that is
`consistent with the overall intent and objectives of this Agreement.
`
`6.6
`
`[REMAINDER OF THIS PAGE IS INTENTIONALY BLANK]
`
`5
`
`

`
`IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
`the date indicated below.
`
`For BosACorporation
`
`[Printed Name]
`
`[Printed Name]
`
`l0
`Date: April -,2008
`
`6