`
`WASHINGTON, D.C.
`
`Before the Honorable Charles E. Bullock
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`Administrative Law Judge
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`In the Matter of
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`Investigation No. 337-TA-626
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`CERTAIN NOISE CANCELLING
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`HEADPHONES
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`MEMORANDUM IN SUPPORT OF THE MOTION TO TERMINATE RESPONDENT
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`GN US, INC. BASED ON ENTRY OF A CONSENT ORDER
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`Pursuant to Commission Rule 19 C.F.R. § 210.21(c), Respondent GN US, Inc. formerly
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`known as GN Netcom, Inc. (“Respondent” or “GN”) submits this memorandum in support of its
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`Motion to Terminate Respondent GN based on Entry of a Consent Order.
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`Under Commission Rule 210.21 (a)(2) “[a]ny party may move at any time for an order to
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`terminate an investigation Qnn as to any or all respondents on the basis of . .. a consent order !n .”
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`See e. g., In the Matter of Certain Coupler Devices For Power Supply Facilities, Components
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`Thereof and Products Containing Same, Inc. No. 337—TA-590, Order No. 32 (August 23, 2007)
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`(granting unilateral motion to terminate a respondent based on entry of consent order); In the
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`Matter ofCertain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate
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`Compounds Thereof, Inv. No. 330-TA—60-4, Order No. 12 (August 9, 2007) (same).
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`Commission Rule 210.2 1 (c) provides that “[a]n investigation before the Commission
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`may be terminated pursuant to section 337(c) of the Tariff Act of 1930 on the basis of a consent
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`5070650v.4 128214/00004
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`
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`order,” and that “[a]n order of termination by consent need not constitute a determination as to
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`violation of section 337.”
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`For consent orders entered after initiation of an investigation, the Rule requires that the
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`motion be accompanied by a stipulation that, in the case of an intellectual property investigation
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`such as the one here, contains the following six items:
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`(1) An admission of all jurisdictional facts;
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`(2) An express waiver of all rights to seek judicial review or
`otherwise challenge or contest the validity of the consent order;
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`(3) A statement that the signatories to the consent order stipulation
`will cooperate with and will not seek to impede by litigation or
`other means the Commission’s efforts to gather information under
`subpart I of this part,
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`(4) A statement that the enforcement, modification, and revocation
`of the consent order will be carried out pursuant to subpart I of this
`part, incorporating by reference the Commission’s Rules of
`Practice and Procedure;
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`(5) A statement that the consent order shall not apply with respect
`to any claim of any intellectual property right that has expired or
`been found or adjudicated invalid or unenforceable by the
`Commission or a court or agency of competent jurisdiction,
`provided that such finding or judgment has become final and
`nonreviewable; and
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`(6) A statement that each signatory to the stipulation who was a
`respondent in the investigation will not seek to challenge the
`validity of the intellectual property right(s), in any administrative
`or judicial proceeding to enforce the consent order.
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`19 CFR §2l0.21(c)(l)(ii), (c)(3)(A), and (c)(3)(B). The Rule also provides that the stipulation
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`may contain “a statement that the signing thereof is for settlement purposes only and does not
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`constitute admission by any respondent that an unfair act has been committed.” 19 CFR §2l0.2l
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`(c)(3)(C). Finally, the Rule requires the stipulation to incorporate a proposed consent order. 19
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`CFR § 210.21(c)(1)(ii).
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`5070650v.4 128214/00004
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`
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`The Consent Order Stipulation of GN submitted with this Motion and Memorandum,
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`Exhibit A attached hereto, contains all of the six required elements.
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`It therefore supports the
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`Proposed Consent Order, Exhibit B attached hereto, and is incorporated by reference in the
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`stipulation. Accordingly, GN respectfully requests that its motion be granted, the consent order
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`be entered, and this investigation terminated as to Respondent GN.
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`Dated: April ggii 2008
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`Respectfully submitted,
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`
`
`
`
`illiam B. Nash
`
`Dan Chapman
`Mark Fassold
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`JACKSON WALKER L.L.P.
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`112 E. Pecan Street, Suite 2400
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`San Antonio, Texas USA 78205
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`(210) 978-7700 (phone)
`(2l0) 242-4620 (fax)
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`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)
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`Counselfor Respondent GN US, Inc.
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`5070650v.4 128214/00004
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