UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C. 20436
`
`Before the Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`
`
`Investigation No. 337-TA—626
`
`AUDIO-TECHNICA’S SUPPLEMENTAL NOTICE OF PRIOR ART FOR
`U.S. PATENT 5 181 252 AND U.S. PATENT 6 597 792
`
`Pursuant
`
`to the procedural
`
`scheduled adopted in Order No. 4, and the
`
`requirements of Ground Rule 5, Respondent Audio Technica U.S.,
`
`Inc. hereby
`
`supplements its earlier-filed Joint Notice of Prior Art with recently discovered prior art;
`
`the ANVT NQl00 Active Noise Cancelling Headphone. See Ex. A (photographs of the
`
`sample).
`
`Audio-Technica only recently discovered this prior art Headphone and supporting
`
`materials on June 2, 2008, which are relevant to the invalidity of both the asserted ‘252
`
`and the ‘792 patents. When Audio-Technica secured the Headphone and receipts for
`
`purchase on June 6, it informed Complainant Bose Corp. that same day and offered to
`
`make the sample available for physical inspection in Washington, DC (attached Exhibit
`
`B).
`
`To date, Audio-Technica has received no objections from either Bose or the Staff
`
`about
`
`the proposed supplementation. Audio-Technica is also moving for leave to
`
`supplement its opening expert report of Dr. Marshall Buck to incorporate his opinion
`
`
`
`WASHINGTON, D.C. 20436
`
`Before the Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`
`
`Investigation No. 337-TA—626
`
`AUDIO-TECHNICA’S SUPPLEMENTAL NOTICE OF PRIOR ART FOR
`U.S. PATENT 5 181 252 AND U.S. PATENT 6 597 792
`
`Pursuant
`
`to the procedural
`
`scheduled adopted in Order No. 4, and the
`
`requirements of Ground Rule 5, Respondent Audio Technica U.S.,
`
`Inc. hereby
`
`supplements its earlier-filed Joint Notice of Prior Art with recently discovered prior art;
`
`the ANVT NQl00 Active Noise Cancelling Headphone. See Ex. A (photographs of the
`
`sample).
`
`Audio-Technica only recently discovered this prior art Headphone and supporting
`
`materials on June 2, 2008, which are relevant to the invalidity of both the asserted ‘252
`
`and the ‘792 patents. When Audio-Technica secured the Headphone and receipts for
`
`purchase on June 6, it informed Complainant Bose Corp. that same day and offered to
`
`make the sample available for physical inspection in Washington, DC (attached Exhibit
`
`B).
`
`To date, Audio-Technica has received no objections from either Bose or the Staff
`
`about
`
`the proposed supplementation. Audio-Technica is also moving for leave to
`
`supplement its opening expert report of Dr. Marshall Buck to incorporate his opinion
`
`
`
`regarding invalidity of the asserted patents in view of the recently discovered prior art
`
`Headphone.
`
`Dated: June 12, 2008
`
`Respectfully s bmitted,
`
`
`
`J. Aron Cama an
`
`WELSH & KATZ, LTD.
`120 South Riverside Plaza, 22nd Floor
`Chicago, Illinois 60606
`(312) 655-1500
`
`Arthur Wineburg
`Daniel E. Yonan
`
`AKIN GUMP STRAUSS HAUER & FELD LLP
`
`1333 New Hampshire Avenue, NW
`Washington, DC 20036
`Telephone: 202-887-4000
`Facsimile: 202-887-4288
`
`Attorneys for Audio-Technica U.S.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 12, 2008 a copy of
`
`AUDIO-TECHNICA’S SUPPLEMENTAL NOTICE OF PRIOR ART FOR
`
`U.S. PATENT 5,181,252 AND U.S. PATENT 6,597,792
`
`was served on the following as indicated:
`
`Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`
`500 E Street, S.W., Room 112-F
`Washington, DC 20436
`
`Washington, DC 20436
`
`The Honorable Charles E. Bullock
`
`Administrative Law Judge
`U. S. International Trade Commission
`
`500 E Street, S.W.
`
`Christopher G. Paulraj, Esq.
`T. Spence Chubb, Esq.
`Office of Unfair Import Investigations
`U. S. International Trade Commission
`
`500 E Street, S.W., Room 401
`Washington, DC 20436
`
`Ruffin B. Cordell
`
`Andrew R. Kopsidas
`Jeffrey R. Whieldon
`FISH & RICHARDSON P.C.
`
`1425 K Street, N.W.
`Washington, DC 20005
`
`Counselfor Complainant Bose Corporation
`
`
`
`CIDIZIIZD|:lD[:J|:l>X<EIEIEICIEIZDDIZIEICI
`
`
`
`
`
`Via Hand Delivery
`Via U. S. Mail
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`Via Electronic Docket Filing
`
`Via Hand Delivery (2 copies)
`Via U. S. Mail
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`Via Hand Delivery
`Via U. S. Mail
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`Via Hand Delivery
`Via U. S. Mail
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`
`
`Charles Hieken
`Gregory A. Madera
`Adam J. Kessel
`FISH & RICHARDSON P.C.
`225 Franklin Street
`Boston, MA 021 10
`
`I:I Via Hand Delivery
`IX] Via U. S. Mail
`I:I Via Overnight Mail
`I:I Via Electronic Mail
`El Via Facsimile
`
`Counselfor Complainant Bose Corporation
` _q
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Ave, N.W.
`Washington, DC 20006
`
`Ij Via Hand Delivery
`X Via U. s. Mail
`El Via Overnight Mail
`I:| Via Electronic Mail
`I:I Via Facsimile
`
`Counselfor Respondent Phitek Systems Limited, GN
`Netcom, Inc., Logitech Inc. and Creative Labs, Inc.
`
`William B. Nash
`Dan Chapman
`Mark Fassold
`Jackson Walker LLP
`112 E. Pecan Street, Suite 2400
`San Antonio, TX 78205
`
`I:-I Via Hand Delivery
`IX] Via U. S. Mail
`El Via Overnight Mail
`I:] Via Electronic Mail
`[1 Via Facsimile
`
`Counselfor Respondent Phitek Systems Limited, GN
`Netcom, Inc., Logitech Inc. and Creative Labs, Inc.
`
`Daniel Ebenstein
`Abraham Kasdan
`Joseph Casino
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`
`El Via Hand Delivery
`El Via U. s. Mail
`I:I Via Overnight Mail
`El Via Electronic Mail
`E] Via Facsimile
`
`Counselfor Respondent Panasonic Corporation of
`North America
`
`
`
`
` Tom M. Schaumberg
`
`Via Hand Delivery
`Via U. S. Mail
`
`Jamie D. Underwood
`
`Adduci, Mastranj & Schaumberg LLP
`1200 Seventh Street NW, Fifth Floor
`Washington, DC 20036
`
`DDCIED
`
`
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`
`
`
`
`Counselfor Respondent Panasonic Corporation of
`North America
`
`
`
`%dJ[“L,..,¢
`
`Michael Wu
`
`Paralegal
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`AT0133725
`AT0133725
`
`
`
`AT0133726
`AT0133726
`
`
`
`AT0133727
`AT0133727
`
`
`
`
`
`
`" compnes mm F RTCA / DO—16OC s21
`Made lfl Phoenix. AZ USA by ANVT Inc.
`1-800—316.2688
`Palems Percmg
`0
`
`AT0133728
`AT0133728
`
`
`
`AT0133729
`AT0133729
`
`
`
`
`
`EXHIBIT B
`
`EXHIBIT B
`
`
`
`WELSH 8: KATZ, LTD.
`
` d.%«w
`I20 SOUTH RIvERsIDE PLAZA - BEND FLOOR
`
`CHICAGO, ILLINOIS 60606-39Ia
`
`TELEPHONE (sl 2) 655-1500
`FACSIMILE (3I2) 655—I5OI
`
`www.weIshkatz.com
`
`June 6, 2008
`
`VIA E—MAlL & FIRST CLASS MAIL
`
`Andrew R. Kopsidas, Esq.
`Fish & Richardson, PC
`
`1425 K Street, NW Suite 1100
`Washington, DC 20005
`
`Re: Certain Noise Cancelling Headphones
`[TC Inv. No. 33 7-TA-626
`
`Dear Andrew:
`
`that Dr. Marshall Buck (Audio-
`I write regarding an additional piece of prior art
`Technica’s expert witness) obtained this week.
`I returned to my office today (from the
`depositions you took of Audio-Technica earlier this week) to find a physical ANVT—NQ100
`noise-cancelling headphone Dr. Buck had located and forwarded to me. Produced herewith with
`Bates numbers AT00l337l7-AT00133739 are photographs of the unit, as well as documentation
`showing that the unit was purchased in 1994 by Harman International. The prior art ANVT-
`NQl00 and associated documentation was obtained from an acquaintance of Dr. Buck from his
`Harman days who still had this piece of prior art and associated documentation in his possession.
`We will make the unit available for your inspection at our local counsel’s office in Washington
`DC. Please give us a date certain so we can make arrangements to have the unit at Akin Gump E
`in Washington.
`
`We plan to supplement the Notice of Prior Art and move for leave to amend the Expert
`Report of Dr. Buck to add the recently discovered ANVT-NQ100.
`I would ask whether you will
`oppose such actions.
`
`Cordially,
`
`WELSH & KATZ, LTD.
`
`.I.jAron Carnahan
`
`WASHINGTON OFFICE
`CRYSTAL PLAZA ONE ~ SUITE 3|! ~ 2001 JEFFERSON DAVIS HIGHWAY - ARLINGTON, VIRGINIA 22202-3603 - TELEPHONE (703) 4I5-4777
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