EXHIBIT B
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`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C.
`
`Before the Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`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
`
`PROPOSED CONSENT ORDER
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`The United 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 allegations contained in the Complaint filed by Complainant
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`Bose Corporation (“Complainant” or “Bose”) which alleges unfair acts in the importation into
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`the United States and/or the sale within the United States after importation, of certain noise
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`cancelling headphones by, GN US, Inc. formerly known as GN Netcom, Inc. (“Respondent” or
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`“GN”).
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`Respondent GN has moved to terminate this investigation as to Respondent based on a
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`Consent Order. Respondent has executed a Consent Order Stipulation in which it agrees to the
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`entry of this Consent Order, and to all waivers and to other provisions as required by
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`Commission rule of Practice and Procedure 2l0.2l(c) (19 C.F.R. § 2l0.2l(c)).
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`IT IS HEREBY ORDERED THAT:
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`5070650v.4 128214/00004
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`
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`1.
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`The Commission has in rem jurisdiction over the noise cancelling headphones
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`that form the basis of this Investigation and the Commission has in personam jurisdiction over
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`Respondent.
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`2.
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`Upon entry of this Consent Order, Respondent shall not sell for importation,
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`import into the United States or sell in the United States after importation, the noise cancelling
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`headphones that infringe claims 1, 2, and 5 of U.S. Patent No. 5,181,252; and claims 1 and 2 of
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`U.S. Patent No. 6,597,792.
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`3.
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`Respondent shall be precluded from seeking judicial review or otherwise
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`challenging or contesting the validity of this Consent Order.
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`4.
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`Respondent shall cooperate with and shall not seek to impede by litigation or
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`other means the Commission’s efforts to gather information under subpart l of the Commission’s
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`Rules of Practice and Procedure, 19 C.F.R. Part 210.
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`5.
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`Respondent shall not seek to challenge the validity or enforceability of claims 1,
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`2, and 5 of U.S. Patent No. 5,181,252; and claims 1 and 2 of U.S. Patent No. 6,597,792 in any
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`administrative or judicial proceeding to enforce the Consent Order.
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`6.
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`When U.S. Patent No. 5,181,252 and U.S. Patent No. 6,597,792 expires,
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`whichever is later, this Consent Order shall become null and void as to such expired patent.
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`7.
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`The terms of the Consent Order shall not apply with respect to any claim of U.S.
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`Patent No. 5,181,252 and/or U.S. Patent No. 6,597,792 that has expired or been found or
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`adjudicated invalid or unenforceable by the Commission or a court or agency of competent
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`jurisdiction, provided that such finding or judgment has become final and nonreviewable.
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`5070650v.4 128214/00004
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`
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`8.
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`This Order does not constitute a finding or admission that Respondent has
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`committed an unfair act or any other wrongdoing, and shall have no force or effect except with
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`respect to the above-referenced investigation.
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`9.
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`This Order does not constitute a finding or admission by Respondent that any
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`claim ofU.S. Patent No. 5,181,252 and/or U.S. Patent No. 6,597,792 is valid, enforceable, or
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`infringed.
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`10.
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`This investigation is hereby terminated with respect to Respondent GN and
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`Respondent GN is hereby dismissed as a named respondent in this investigation; provided,
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`however, that enforcement, modification, or revocation of this Consent Order shall be carried out
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`pursuant to subpart I of the Commission’s Rules of Practice and Procedure, 19 C.F.R. Part 210.
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`Dated:
`
`Marilyn R. Abbott
`Secretary of the Commission
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`5070650v.-4 128214/00004
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that copies of the following Memorandum in Support 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
`
`500 E. Street, S.W., Room 112A
`Washington, DC 20436
`
`The Honorable Charles E. Bullock
`Administrative Law Judge
`U.S. International Trade Commission
`E. SUCCI, _sn ROOII1 317
`Washington, DC 20436
`_
`2 copies
`
`Jennifer Whang
`Administrative
`Advisor
`
`Law Judge Attorney-
`
`2 copies w/out attachments
`
`.
`.
`1
`.
`I:I Via First C ass Mail
`I:I Via Hand Delivery
`
`|:| Via Overnight Delivery
`
`I: Via Facsimile
`
`E Via E—File
`
`I:I Not Served
`
`E Via First Class Mail
`.
`.
`'3 Vla Hand Dehvery
`El Via Overnight Delivery
`
`Ij Via Facsimile
`
`I:I Via Electronic Mail
`
`I:| Not Served
`
`Ij Via First Class Mail
`[1 Via Hand Delivery
`
`Ij Via Overnight Delivery
`
`Ij Via Facsimile
`
`IE Via Electronic Mail
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`I:| Not Served
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`5070650v.4 128214/00004
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`
`
`Christopher Paulraj, Esq.
`it OifficeiioifUnir”airlmiportl Investigations" 0
`U.S. lnternational Trade Commission
`
`:nn @nn Street, PXnn ROOm ndnn
`Washington, DC 20436
`
`Ruffin B. Cordell
`Andrew R. Kopsidas
`Jeffrey R. Whieldon
`I1:Ig§II:‘S}:IC§I/:IR\IA)]SON PC’
`Washington, DC 20005
`
`.
`
`ree ,
`
`.
`
`A
`
`it 0 0 Via Isifsti Class Maii 0
`
`I:
`
`nn Hand Delivery
`
`I:] Via Overnight Delivery
`
`l:] Via Facsimile
`
`X] Via Electronic Mail
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`E] Via First Class Mail
`D Via Hand Deliver
`
`y
`I:] Via Overnight Delivery
`|:] Via Facsimile
`
`Attorneys
`Corporation
`
`for
`
`Complainant
`
`Bose X] Via Electronic Mail
`
`Charles Hieken
`
`Gregory A’ Madera
`Adam J. Kessel
`
`FISH & RICHARDSON PC‘
`225 Franklin Street
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`X] Via First Class Mail
`
`l:] Via Hand Deliver
`
`y
`
`I:] Via Overnight Delivery
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`B0St0I1, MA 02 1 10
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`I:] Via Facsimile
`
`Attorneys
`Corporation
`
`for
`
`Complainant
`
`Bose E] Via Electronic Mail
`
`é1:1:lSC1PT‘|v;/Ilitlfleton
`J‘ Am“ Camahan
`Welsh & Katz Ltd.
`120 South Riverside Plaza, 22"”' Floor
`Chicago, Illinois 60606
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`X] Via First Class Mail
`l:] Via Hand Delivery
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`[3
`
`via Overnight Delivery
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`I:] Via Facsimile
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`Attorneys for Respondent Audio Technica,
`Us. Inc,
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`E] Via Electronic Mail
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`5070650v.4 128214/00004
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`
`
`Arthur Wineburg
`88 Dianieli E. Yonan
`
`Akin Gump Strauss Hauer & Feld LLP
`1333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`Attorneys for Respondent Audio Technica,
`U.S. Inc.
`
`Izmmmtz
`
`Via First Class Mail
`
`viaaand Deliveryi
`
`Via Overnight Delivery
`
`Via Facsimile
`
`Via Electronic Mail
`
`}a(::§el\/II)’ Sgggzilfjgg
`Adduci, Mastriani & Schaumberg, LLP
`1200 Seventeenth Floor, NW, Fifth Floor
`Washington) DC 20036
`
`E] Via First Class Mail
`El Via Hand Delivery
`
`El Via Overnight Delivery
`
`for Panasonic Corporation of El Via Facsimile
`Attorneys
`North America
`
`E Via Electronic Mail
`
`Eglriilaignblizsgggg
`_
`Joseph Casino _
`Amster, Rothstein & Ebenstein LLP
`90 Park AVenue
`New York, NY 10016
`
`E] Via First Class Mail
`[:I Via Hand Delivery
`
`CI Via Overnight Delivery
`
`[:I Via Facsimile
`
`for Panasonic Corporation of
`Attorneys
`North America
`
`E] Via Electronic Mail
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON FOERSTER
`
`2000 Pennsylvania Ave., NW
`Washington, D.C. 20006—1888
`
`.
`.
`V.
`ia First Class Mail
`E]
`El Via Hand Delivery
`
`C] Via Overnight Delivery
`
`[:I Via Facsimile
`
`Attorneys for Phitek Systems Limited and
`Creative Labs, Inc_
`
`E Via Electronic Mail
`
`A
`
`A
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` *3
`
`
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`,3
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`=»«
`
`_
`
`William B. Nash
`
`5070650v.4 128214/00004
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