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`
`
`UNYFED STATES INTERNATIONAL TRADE COMMESSION
`
`WASHINGTON, RC.
`
`Before the irionorabie Charles 13. Bullock
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`Administrative Law Judge
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`
`
`
`CERTAIN NOESE CANCELLING
`HEADPHONES
`
`In the Matter of
`
`Investigation No. 337—'I“A-626
`
`
`CONSENT ORDER STIPULATION
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`The Uniteci States International Trade Commission (“Commission”) has instituted the
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`above-captioned investigation under section 337 of the Tariff Act of 1930 as amended (19
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`U.S.C. § 1337), based upon the aliegations contained in the Coomopiaint flied by Compiainant
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`Bose Cozporation (“Comp1ainant” or “Bose”) which alleges unfair acts in the importation into
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`the United States and the saie wiihin the United States after importation, of certain} noise
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`cancefling headphones by (EN US, Inc. formerly known as GN Netcom, Inc. (“Respo:1dent”or
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`“GN”).
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`GN has moved to terminate this investigation as to GN based on a Consent Order. In
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`support of GN’s moiion, Respondent GN hereby stipuiates as foiiowsz
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`A.
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`Respondent GN US, 1110., forrneriy GN Neicom, Inc. is a corporation with its
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`principal place of business at 7? Northeastern Bivd, Nashua, New Hampshire 03062.
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`B.
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`The Commission has in rem jurisdiction over the noise cancelling headphones
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`that form {he ‘oasis of this Investigation and the Commission has in personam jurisdiction over
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`(}N for purposes of this Stipu¥a:io:1 and ?ropoSeo Consent Order.
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`507€)650v.4 1282 i4f000()4
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`
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`C.
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`Responcleiit expressly waives all rights to seek judicial review or otherwise
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`challenge or contest {he validity of the Conse11t0rder.
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`D.
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`Respondent will cooperate with and will not seek to impede by litigation or other
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`means the Commission’s efforts to gather information under subpart I of the Commission’s
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`Rules of Practice and l’rocedure, E9 C.F.R. ?art 2l0.
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`B.
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`The enforcement, modification, or revocation of the Consent Order will be carried
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`out pursuant to subpart I of the Commissio1i’s Rules of Practice and Procedure, 19 C.F.R. Part
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`210, incorporating by reference the Commission’s Rules of Practice and Procedure.
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`F.
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`The Consent Order shall not apply with respect to any claim of any intellectual
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`property right that has expired or been found or adjudicated invalid or unenforceable by the
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`Commission or a Cour: or agency of competent jurisdiction, provided that such finding or
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`judgment has become final and nonreviewable.
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`G.
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`Respondent will not seek £0 challenge ihe validity or enforceability of claims 1, 2
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`and 5 of US. Patent No. 5,181,252; and/or claims l and 2 of US. Patent No. 6,597,792, in any
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`administrative or judicial pmceeding to enforce the Consent Order.
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`H.
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`Respondent shall not sell for imporiation, import into the Uniteé States, or sell in
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`the United Staées after importation, the noise cancelling headphones that infringe claims 1, 2 and
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`5 ofU.S. Patent No. 5,281,252; and/or claims I. and 2 of US. Patent No. 6,597,792.
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`I.
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`There are no agreements, written or oral, express or implied between the
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`Respondent and Complainants concerning the subject matier of this investigation.
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`3.
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`The statements made herein are only for purposes of terminating the ITC
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`investigation and are not made with respect to any other proceeding or purpose and is not an
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`admission by Respondent GN that an unfair act or other wrongdoing has been committed or that
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`§O70650v.4 E282 E-‘#00004
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`
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`any claim of U.S. Patent No. 5,181,252 or US. i’ater1t. No. 6,597,792 is valid, enforceabfe, or
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`infiénged.
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`IN WITNESS WHEREOF, a duly authorized representative of the Resgondent cause this
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`Consent Order Stipuiation to be executed as of the date indicated below.
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`Dated: Aprii $3, 2008
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`Respectfiglly submitted,
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`
`nUn
`Phyiiis McCui§agh
`President and Generai Manager of
`
`
`
`Wifiiam B. Nash
`
`Dan Chapman
`Mark Fassoid
`JACKSON WALKER L.L.P.
`
`112 E. Pecan Street, Suiiie 2400
`San Antonio, Texas USA 78205
`(210) 978~77OO (phone)
`(210) 2424620 (fax)
`
`Alan Cape Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON & FQERSTER LL?
`
`2000 Permsylvania Avenue, NW.
`Washington, D13. 20006
`(292) 887»1500(phone)
`(202) 887-0168 (fax)
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`Courzselfor Responderzz GN US, Inc.
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`S07{)650v.4 1282 IMOOGG4
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