UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C.
`
`Before the Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337-TA-626
`
`CERTAIN NOISE CANCELLING
`
`HEADPHONES
`
`
`MOTION TO TERMINATE RESPONDENT GN US INC.
`
`BASED ON ENTRY OF A CONSENT ORDER
`
`Pursuant to Commission Rule 210.21(ic)(1)(ii), 19 C.F.R. § 210.21(c)(1)(ii), Respondent
`
`GN US, Inc. formerly known as GN Netcom, lnc. (“Respondent” or “GN”) hereby moves to
`
`terminate this investigation as to GN based upon the Consent Order Stipulation, attached hereto
`
`as Exhibit “A,” and the Proposed Consent Order, attached hereto as Exhibit “B.”
`
`Complainant Bose Corporation (“Complainant” or “Bose”) has alleged violations by GN
`
`of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into
`
`the United States and/or sale within the United States after importation of certain noise
`
`cancelling headphones, by reason of infringement of claims 1, 2 and 5 of U.S. Patent No.
`
`5,181,252; and claims 1 and 2 ofU.S. Patent No. 6,597,792.
`
`Respondent agrees to the entry of the Proposed Consent Order, attached hereto as Exhibit
`
`“B,” that it will not import or sell within the United States after importation, certain noise
`
`cancelling headphones that infringe 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.
`
`5070650v.4 128214/00004
`
`
`
`WASHINGTON, D.C.
`
`Before the Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337-TA-626
`
`CERTAIN NOISE CANCELLING
`
`HEADPHONES
`
`
`MOTION TO TERMINATE RESPONDENT GN US INC.
`
`BASED ON ENTRY OF A CONSENT ORDER
`
`Pursuant to Commission Rule 210.21(ic)(1)(ii), 19 C.F.R. § 210.21(c)(1)(ii), Respondent
`
`GN US, Inc. formerly known as GN Netcom, lnc. (“Respondent” or “GN”) hereby moves to
`
`terminate this investigation as to GN based upon the Consent Order Stipulation, attached hereto
`
`as Exhibit “A,” and the Proposed Consent Order, attached hereto as Exhibit “B.”
`
`Complainant Bose Corporation (“Complainant” or “Bose”) has alleged violations by GN
`
`of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into
`
`the United States and/or sale within the United States after importation of certain noise
`
`cancelling headphones, by reason of infringement of claims 1, 2 and 5 of U.S. Patent No.
`
`5,181,252; and claims 1 and 2 ofU.S. Patent No. 6,597,792.
`
`Respondent agrees to the entry of the Proposed Consent Order, attached hereto as Exhibit
`
`“B,” that it will not import or sell within the United States after importation, certain noise
`
`cancelling headphones that infringe 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.
`
`5070650v.4 128214/00004
`
`
`
`Entry of the Proposed Consent Order is in the public interest, which favors the settlement
`
`of disputes to avoid needless litigation and to conserve public resources. Specifically, the
`
`alleged acts that form the basis for this investigation have ceased. Accordingly, entry of the
`
`Proposed Consent Order will conserve the time and resources of both the Commission and the
`
`private parties. Further, entry of the Proposed Consent Order will not impose an undue burden
`
`on the public health and welfare, competitive conditions in the U.S. economy, production of like
`
`or directly competitive articles in the United States, or U.S. consumers.
`
`Pursuant to Ground Rule 3.2, Respondent hereby certifies that it has contacted Bose and
`
`the Commission Investigative Staff in order to determine their respective positions regarding the
`
`instant motion. Staff and Bose have agreed to the motion. However, Bose has indicated some
`
`disagreement on the insertion of paragraphs 8 and 9 of the Proposed Consent Order. Respondent
`
`believes that these paragraphs are allowed by and supported by the Rules.
`
`Accordingly, Respondent respectfully requests that the Administrative Law Judge issue
`
`an Initial Determination terminating the investigation as to Respondent GN. Respondent further
`
`respectfully requests that the Proposed Consent Order, attached hereto as Exhibit B, be entered.
`
`5070650v.4 128214/00004
`
`
`
`Dated: Apriigé‘, 2008
`
`Respectfully submitted,
`
`William B. Nash
`
`Dan Chapman
`Mark F assold
`
`JACKSON WALKER L.L.P.
`
`112 E. Pecan Street, Suite 2400
`
`San Antonio, Texas USA 78205
`(210) 978-7700 (phone)
`(210) 242-4620 (fax)
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON & F OERSTER LLP
`
`2000 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`(202) 887-1500 (phone)
`(202) 887-0168 (fax)
`
`Counselfor Respondent GN US, Inc.
`
`5070650\/.4 128214/00004
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that copies of the following Motion to Terminate Respondent GN US, Inc. Based
`on Entry of a Consent Order has been served on April 30, 2008, as indicated, on the following:
`
`Marilyn R. Abbott
`_
`_
`Secretary
`_
`U.S. International Trade Commission
`n·nn Street, 3nn ROOID
`Washington, DC 20436
`
`The Honorable Charles E. Bullock
`é.dSrl11Irr111t::trrra11et11ti]:nIalCwTVr‘:11d(€1:gCommission
`500 E. Street, S.W., ROOIT1 317
`Washington, DC 20436
`
`2 copies
`
`Jennifer Whang
`Administrative
`Advisor
`
`Law Judge Attorney-
`
`2 copies w/out attachments
`
`Via First Class Mail
`
`'—‘
`"
`: Via Hand Delivery
`
`: Wnn Overnight Delivery
`
`T, Via Facsimile
`
`X Via E-File
`
`: Not Served
`
`X Via First Class Mail
`2 Via Hand Delivery
`2 Via Overnight Delivery
`
`: Via Facsimile
`
`2 Via Electronic Mail
`
`: Not Served
`
`2 Via First Class Mail
`I‘i
`Via Hand Delivery
`—'
`
`: Via Overnight Delivery
`
`: Via Facsimile
`
`X Via Electronic Mail
`ljl
`
`Not Served
`
`5070650v.4 128214/00004
`
`
`
`Christopher Paulraj, Esq.
`i
`i
`i
`Office of Unfalr Import Investigations
`6 FULS. iIntérn“ationaI’i’TrIadeIIcmhrhilssioni
`500 E. Street, S.W. Room 401—F
`Washington: DC 20436
`
`I
`
`Ruffin B_ Cordell
`
`Andrew R. Kopsidas
`Jeffrey R. Whieldon
`FISH & RICHARDSON P.C.
`1425 K Street, N.W.
`Washington, DC 20005
`
`.
`.
`i
`.
`[E Via First C ass Mall
` nn Via Handimeiiveiv
`
`I
`
`D Via Overnight Delivery
`
`D Via Facsimile
`
`[X Via Electronic Mail
`
`[E Via First Class Mail
`
`D i.
`V. H
`e wery
`and
`1a
`D
`D Via Overnight Delivery
`
`D Via lraesimile
`
`Attorneys
`Corporation
`
`for
`
`Complainant
`
`Bose
`
`[Z Via Electronic Mail
`
`Charles Hieken
`fi(ri:‘(‘E‘:riy i‘:'e:\::idera
`FISH & RICHARDSON P.C.
`225 Franklin Street
`
`[Z Via First Class Mail
`D Via Hand Delivery
`D Via Overnight Delivery
`
`Boston, MA 02 1 10
`
`D Via Faesimile
`
`Attorneys
`Corporation
`
`for
`
`Complainant
`
`Bose
`
`[E Via Electronic Mail
`
`James P. White
`Geraid T‘ Shekieion
`J‘ Am“ Camahan
`Welsh & Katz Ltd.
`120 South Riverside Plaza, 22'“ Floor
`Chicago, Illinois 60606
`
`.
`.
`.
`[E Via First Class Mail
`D Via Hand Delivery
`
`D Via Overnight Delivery
`
`D Via Facsimile
`
`Attorneys for Respondent Audio Technica,
`U.S. Inc.
`
`[Z Via Electronic Mail
`
`5070650v.4 128214/00004
`
`
`
`Arthur Wineburg
`1 Daniel Yonan
`
`Akin Gump Strauss Hauer & Feld LLP
`1333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`Attorneys for Respondent Audio Technica,
`U.S. lnc.
`
`Xmmmg
`
`Via `cdn Class Mail
`
`1
`
`Via Hand Delivery
`
`Via Overnight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`Tom M. Schaumberg
`Jamie D. Underwood
`
`Adduci, Mastriani & Schaumberg, LLP
`1200 Seventeenth Floor, NW, Fifth Floor
`Washington, DC 20036
`
`for Panasonic Corporation of
`Attorneys
`North America
`
`Daniel Ebenstein
`
`Abraham Kasdan
`
`Joseph Casino
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`
`New York, NY 10016
`
`for Panasonic Corporation of
`Attorneys
`North America
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON FOERSTER
`
`2000 Pennsylvania Ave., NW
`Washington, D.C. 20006-1888
`
`Attorneys for Phitek Systems Limited and
`Creative Labs, Inc.
`
`EDDDE
`
`EDDDE
`
`ESSEX
`
`Via First Class Mail
`
`Via Hand Delivery
`
`Via Overnight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`Via First Class Mail
`
`Via Hand Delivery
`
`Via Overnight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`Via First Class Mail
`
`Via Hand Delivery
`
`Via Ovemight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`,,,¢ V
`
`William B. Nash
`
`5070650v.4 128214/00004
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
