Exhibit 1
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`
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`In Support of Audio-Technica’s Motion for Summary Determination
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
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`Investigation No. 337-TA-626
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`)
`)
`)
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`
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`In the Matter of
`CERTAIN NOISE CANCELLING
`HEADPHONES
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`DECLARATION PURSUANT TO 28 U.S.C. § 1746 OF JACKIE GREEN
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`
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`I, Jackie Green, declare under penalty of perjury as follows:
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`1.
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`I am the Vice President of Research and Development/Engineering of
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`Audio-Technica U.S., Inc. (“Audio-Technica”) and have been employed by Audio-
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`Technica for 21 years.
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`2.
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`Audio-Technica is an Ohio corporation that is headquartered in Stow,
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`Ohio.
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`3.
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` Audio-Technica designs and sells professional audio equipment and has
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`done so for more than 30 years.
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`4.
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` Audio-Technica’s product line includes professional microphones,
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`electronics for use with professional audio equipment, headphones, and other audio
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`products.
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`5.
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` Audio-Technica conducts research and development in the field of
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`professional audio equipment in the United States through its engineering staff in Ohio.
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`6.
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` Audio-Technica has sold high quality audio products (including
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`headphones) in the United States for nearly thirty years.
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`7.
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` In 1988, Audio-Technica began selling the headphone models designated
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`ATH-909, ATH-910, and ATH-911 in the United States. Audio-Technica began selling
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`headphone model ATH-908 at least as early as 1990.
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`1
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`8.
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`True and accurate copies of Audio-Technica dealer price lists are attached
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`as Exhibit A hereto. These price lists show the ATH-909, ATH-910, and ATH-911
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`products offered for sale in the United States starting in 1988, and the ATH-908 product
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`offered for sale in 1990. Some of these models were offered for sale for more than ten
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`years.
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`9.
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`I worked at Audio-Technica in 1988 and have personal knowledge that the
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`various headphone products listed in the price lists attached as Exhibit A were sold in the
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`United States on or about the time the price lists were issued.
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`10.
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`Sample advertisements from 1988 and 1995 showing various Audio-
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`Technica headphone products on sale are attached as Exhibit B.
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`11.
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`Photographs of Audio-Technica’s models ATH-908, ATH-909, ATH-910,
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`and ATH-911are attached as Exhibit C, D, E, and F, respectively.
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`12.
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`The Audio-Technica headphone model ATH-910PRO was offered for sale
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`starting in 1995 in the United States.
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`13.
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`14.
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`A photograph of the ATH-910PRO product is attached as Exhibit G.
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`Sample advertising showing the ATH-910PRO from 1995 is included in
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`attached Exhibit B.
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`15.
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` Each of Audio-Technica’s products designated ATH-908, ATH-909,
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`ATH-910, ATH-910PRO and ATH-911 has cushions that contact the head and/or ear of a
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`user and allows the headphone to be comfortably placed on or around the ear
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`16.
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`Each cushion on Audio-Technica’s products designated ATH-908, ATH-
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`909, ATH-910, ATH-910PRO and ATH-911 has an open cell foam material surrounded
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`by an outer covering.
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`2
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`17.
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`Each cushion on Audio-Technica’s products designated ATH-908, ATH-
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`909, ATH-910, ATH-911, and ATH-910PRO has multiple openings in the cushion
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`covering. Photographs of the headsets and the back of such cushions (and the date they
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`were offered for sale) are shown below and attached as Exhibits C-G:
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`ATH-908 (Exhibit C)
`On Sale in US 1990
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`
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`ATH-909 (Exhibit D)
`On Sale in US 1988
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`ATH-911 (Exhibit F)
`On Sale in US 1988
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`ATH-910 (Exhibit E)
`On Sale in US 1988
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`ATH-910PRO (Exhibit G)
`On Sale in US 1995
`A close-up photograph of the cushion from Audio-Techinca s ATH-910
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`18.
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`
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`product from 1988 is shown below (from Exhibit E).
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`3
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`ATH-910 Product Showing Many Openings In The Cushion
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`19.
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`The ATH-910 product has many openings in the underside of the cushion.
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`One can see the underlying open-cell foam inside the cushion through these holes.
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`20.
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`Below are photographs of cushions
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`from other Audio-Technica
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`headphones showing multiple openings in the headphone cushions (as well as the year
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`the products were first offered for sale):
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`Audio-Technica Cushions With a Plurality Of Openings
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`ATH-909 Cushion
`ATH-911 Cushion
`ATH-908 Cushion
`ATH-910PRO
`(On Sale 1988)
`(On Sale 1988)
`(On Sale 1990)
`(On sale 1995)
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`21.
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`Each of Audio-Technica s headphone models ATH-908, ATH-909, ATH-
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`910, ATH-910PRO and ATH-911 has the following elements (common to many
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`4
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`headphones): (a) a cushion; (b) a driver inside the headphone; and (c) a cavity (or earcup)
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`that is formed between the driver and the ear of the user when the headphone is on the ear
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`of the user.
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`22.
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` The cushions on Audio-Technica s ATH-908 (Exhibit C) and ATH-909
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`(Exhibit D) headphones have a breathable material on the front surface of the cushion.
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`Photographs of the cushions from the ATH-908 (from 1990) and ATH-909 (from 1988)
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`are shown below:
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`
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`Audio-Technica Cushions
`With “Breathable Cloth Material”
`ATH-908 (1990)
`ATH-909 (1988)
`(showing “breathable cloth material” on the
` (showing “breathable cloth
`cushion surface)
`material” and visible holes in the
`cushion)
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`23.
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`The mesh material found on the ATH-908 (from 1990) is similar to the
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`mesh material in the accused ATH-ANC7. The breathable cloth material found on the
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`ATH-909 (from 1988) has a softer appearance.
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`5
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`24.
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`Attached as Exhibit H are 42 pages of e-mails relating to Mr. Roman
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`Sapiejewski (of Bose) and his interactions with Audio-Technica from 1997, when Mr.
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`Sapiejewski worked with Mr. Bill Balmer and others of Audio–Technica to see if Audio-
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`Technica drivers and components could be used in a noise-cancelling headphone product
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`Bose was designing in 1997-98. These e-mails were created and kept in the normal
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`course of Audio-Techncia’s business in 1997-1998. I personally collected these e-mails
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`and kept them as part of Audio-Techncia’s business records.
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`25.
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`Pages 22-24 of the e-mails attached as Exhibit H show that Mr.
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`Sapiejewski asked for and received a physical specimen of an Audio-Technica ATH-F3
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`headphone for examination in connection with his investigation of Audio-Technica’s
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`drivers and components for possible use in Bose’s noise-cancelling headphone project.
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`26.
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`At the invitation of Audio-Technica, Mr. Sapiejewski and other employees
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`from Bose visited the Japanese factory where Audio-Technica headphones were made on
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`or about September 18, 1998. (P. 42-43 of Exhibit H.)
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`27.
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`A photograph of Audio-Technica’s ATH-F3 product is attached as Exhibit
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`I, shown below:
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`Audio-Technica’s ATH-F3 Headphone Product (Exhibit I)
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`6
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`28.
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` Audio-Technica’s ATH-F3 product includes cushions with two openings
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`in the underside of the cushion that expose the open cell foam inside the cushion.
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`29.
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`A photograph of Audio-Technica’s ATH-F3 product is attached as part of
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`Exhibit I and shown below:
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`
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`Cushion from Audio-Technica’s ATH-F3 (viewed from the back)
`showing 2 openings exposing the foam underneath (Exhibit I)
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`7
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`

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`Dated: April 22, 2008
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`pf/Llckie Green
`
`Vice President of Research and Develop ment/En gin eerin g
`Audio—Tech11ica U.S., Inc.
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`

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`Exhibit A
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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`CONTAINS CBI
`
`CONTAINS CBI
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`CONTAINS CONFIDENTIAL BUSINESS INFORMATION OF AUDIO TECHNICA
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`Page 1 of 8
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`Exhibit B
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`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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`

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`O ATH900 SERIES MONITOR STEREOPHONESE
`
`The ATH900 Series Stereophones are
`designed for maximum comfort and per-
`formance. Design features include
`Samarium Cobalt magnets, specially
`engineered drivers to provide extended
`frequency response with distortion-free
`sound, and special low-loss cables of
`oxygen-free copper.
`
`The design of the ATH900 Series
`Stereophones incorporates more than
`Just the typical goals of frequency
`response and sensitivity. Careful atten-
`tion has been paid to develop products
`which could faithfully reproduce the true
`sound, including the “clepth" and
`“image" often not heard in other
`stereophone designs. The results are
`both aesthetically pleasing and prac-
`tical. The music sounds better; but also
`important is the increase in comfort that
`accompanies a more natural sound.
`Reducing distortion and non-linearities
`in response also reduces the fatigue of
`listening over long periods of time. For
`professional and studio use, the increased
`realism is vital.
`
`Both models in this series feature a
`double headband for custom fit. A
`lightweight fabric band conforms to the
`wearer's head and provides a stable,
`secure fit without the common “vice-
`like” grip of other headband designs.
`The extra-cushioned circumaurai ear-
`pieces are not only comfortable, but
`position each driver at an optimum
`distance from the ear.
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`Each model also incorporates a durable,
`flexible 9.8 foot (3m) cable terminated
`with a 1I4—inch stereo phone plug.
`
`The ATH900 Series Stereophones
`feature two enclosure designs: open-
`back and closed-back. Choosing one of
`these designs depends on personal
`preference and application. There are
`subtle sound differences (especially In
`the low end) similar to those of speaker
`systems which are vented or sealed.
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`The ATH909 is an open-back design. This
`stereophone offers full—range performance
`at the most affordable price-point.
`The. ATH910 is a closed-back design. in
`addition to its 900 Series performance
`advantage, the closed-back design is
`especially useful in situations where
`maximum isolation is necessary.
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`ATH909 FREQUENCY RESPONSE
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`
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`-IIIIn—-1 Onn
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`5K
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`ResponseindB
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`Responsein:58
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`50
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`liill
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`SPECIFICATIONS:
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`TYPE
`DRIVERDIAMETER
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`ATH909
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`Open-back
`44mm
`
`ATH910
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`Closed-back
`44mm
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`MAGNET=
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`Samarium Cobalt
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`Samarium Cobalt
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`SENSITIVITY (1 kHz, 1mW)
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`100 dB SPL
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`100 dB SPL
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`FREQUENCY RESPONSE
`IMPEDANCE
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`20-20,000 I-lz
`4-16 ohms
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`20-20,000 Hz
`4~16 ohms
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`MATCHING
`WEIGHT (without cord)
`CORD
`CONDUCTOR
`TERMINATION
`LENGTH .
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`6.9 oz (1959)
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`7.2 oz (205g)
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`Oxygen-free Copper Oxygen-free Copper
`1/4" phone plug
`1/4" phone plug
`9.8 ft (3m)
`9.8 ft (3m)
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`
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`audio-technica.
`
`AUDIO-TECHNICA U.S., inc., 1221 Commerce Drive, Stow, Ohio 44224
`Form No. 0205-0601-OD © 1988 Audio-Technlca U.S., Inc.
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`Printed in U.S.A.
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`

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`

`
` Stereo Headphones
`
`Critical listening is always a pleasure with Audio-Technica 900 Series headphones. At work or play,
`they give you maximum performance and comfort coupled with rugged durability.
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`Design features include Samarium Cobalt magnets, large—diameter drivers, CCAW (copper clad
`aluminum wire) voice coils and special low—loss, oxygen—free copper cables. The result is true
`sonic reproduction that provides the depth and image often not heard in other headphone designs.
`Choose between the open—back ATH 908 for full—range performance and the closed—back ATH 910 for
`maximum isolation.
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`An adjustable, double headband ensures a custom fit without the common vice—like grip of other
`headband designs. The extra-cushioned circumaural earpieces are not only comfortable, but
`position each driver at an optimum distance from the ear.
`
`Proven road—tough and studio—ready, each model has replaceable earpads and a durable 9.8‘
`(3 m) cable terminated with a ‘/4" stereo phone plug.
`
`ATH-90
`DYNAMIC STEREOPI-lDN.E D Pfi{5RE BASQUE STEREO
`
`ATH 908
`
`U
`
`6
`
`AT 910
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`*+n
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`Open-back dynamic
`
`Closed-back dynamic
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`Diameter of drivers 44 mm
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`Diameter of drivers 44 mm
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`Magnet Type samarium cobalt
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`Magnet Type Samarium cobalt
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`Frequency Response 20—20,000 Hz
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`Frequency Response 20—22,000 Hz
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`Sensitivity 90 dB
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`Sensitivity 92 dB
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`Maximum Input Power 120 mW
`
`Maximum Input Power 120 mW
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`Cable 9.8‘ (3 m) with ‘/4" (6.3 mm) phone plug
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`Cable 9.8‘ (3 m) with ‘/4" (6.3 mm) phone plug
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`Weight (without cable and plug) 6.9 oz (195 g)
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`Weight (without cable and plug) 7.2 oz (205 g)
`
`audio-technica.
`
`Fax: 216/68843752
`216/686-2600
`Audio-Technica U.S., lnc., 1221 Commerce Drive, Stow, Ohio 44224 U.S.A.
`Form No. 0205-0629-00 ©1995 Audio~Technica U.S., lnc.
`Printed in U.S.A.
`
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`Exhibit C
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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`Audio-Technica ATH-908 (1990)
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`Audio-Technica ATH-908 (cushion front view)
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`Exhibit D
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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`Audio-Technica ATH-909 (1988)
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`Audio-Technica ATH-909 (cushion on headphone)
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`Exhibit E
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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` Cushion
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`Headset
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`Cushion on Headset
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`Audio-Technica ATH-910 (1988)
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`Exhibit F
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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`Audio-Technica ATH-911 (1988)
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`Exhibit G
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
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`

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`Audio-Technica ATH-910PRO (1995)
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`Exhibit H
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
`
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`CONTAINS CBI
`
`CONTAINS CBI
`
`CONTAINS CONFIDENTIAL BUSINESS INFORMATION OF AUDIO TECHNICA
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`Page 1 of 43
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`Exhibit I
`
`To the Declaration of Jackie Green
`in Support of Audio-Technica’s Motion for Summary Determination
`
`
`

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`Headset
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`Cushion from ATH-F3 (back view)
`Audio-Technica ATH-F3