UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC
`
`Before the Honorable Charles E. Bullock
`
`Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337—TA-626
`
`CERTAIN NOISE CANCELLING
`
`HEADPHONES
`
`RESPONDENT AUDIO-TECHNICA’S MOTION FOR LEAVE TO
`SUPPLEMENT THE EXPERT REPORT OF ITS EXPERT MARSHALL BUCK TO
`ACCOUNT FOR NEW PRIOR ART JUST DISCOVERED &
`SHORTENED TIME TO RESPOND TO THIS MOTION
`
`Pursuant to Ground Rule 6 and l9 C.F.R. §§ 210.27(c), Respondent Audio-Technica US
`
`(“Audio-Technica”) hereby moves for leave to supplement the expert report of Dr. Marshall
`
`Buck, served May 28, 2008 in accordance with this Court’s Order No. 4 Setting the Procedural
`
`Schedule. The supplementation is made necessary to take account of prior art that Audio-
`
`Technica’s expert Dr. Marshall Buck just uncovered. This new prior art is an active noise
`
`reducing headphone from ANVT, Model NQIOO, and is material to this litigation because it
`
`directly relates to the two patents at issue here. The initial expert report of Dr. Buck could not
`
`have contained Dr. Buck’s analysis of this prior art because Dr. Buck obtained the prior art only
`
`after submission of his initial expert report, notwithstanding his directed efforts to finding such
`
`prior art throughout his engagement.
`
`Audio-Technica respectfully requests a shortened time to respond to this motion of three
`
`days so that the new prior art can properly made a part of the ongoing expert deposition
`
`discovery in this matter that remains open through June 27, 2008. Counsel for Complainant has
`
`known of this discovery since June 6.
`
`

`
`I.
`
`Factual Predicate To The Motion
`
`Audio-Technica’s expert Dr. Marshall Buck has been attempting to locate prior art active
`
`noise reducing (ANR) headphones at Audio-Technica's request ever since he was retained.
`
`(Exhibit A, Decl. Buck at 1110). Dr. Buck knew that his former employer Harman International
`
`had obtained ANR headphones many years ago when Dr. Buck worked there, but Harman’s
`
`research group was disbanded years ago. (Id. at 11115—7,9).
`
`In his search for prior art ANR units, Dr. Buck contacted a former colleague at Harman,
`
`Chuck Willard and learned that Mr. Willard had some materials from their days at Harman
`
`(including the ANVT AQ100).
`
`(Id. at 1111). Dr. Buck traveled to Mr. Willard’s office in Valencia
`
`California on June 2, 2008.
`
`(Id. at 1112). On June 2, Mr. Willard gave Dr. Buck the ANVT
`
`NQ100 headphone and parts, as well as documents showing the provenance of the ANVT
`
`NQ100 that had been purchased by Harman in 1994. (Id. at 11 12).
`
`On June 3, 2008 (one day after receiving the NQ100), Dr. Buck sent a NQ100 headphone
`
`unit to Aron Carnahan, undersigned counsel for Audio-Technica.
`
`(Id. at 1113). The undersigned
`
`counsel for Audio-Technica received the headphone unit when he returned to the office on
`
`Friday, June 6. He immediately had pictures taken of the unit, and disclosed the ANVT AQ100
`
`to counsel for Bose (along with photographs) that same day.
`
`(Exhibit B). The undersigned
`
`counsel had been in Stow, Ohio on June 4 and 5 at the Bose depositions of Audio-Technica
`
`witnesses. The same day counsel for Audio-Techica received the ANVT AQ100 (June 6), Audio-
`
`Technica offered to send the unit to its local counsel’s office in Washington DC such that Bose
`
`could inspect the unit at Bose’s convenience.
`
`(Exhibit B).
`
`In that same letter, Audio-Technica
`
`inquired of Bose whether it would object to the supplementation of Audio-Technica’s expert
`
`

`
`report (Exhibit B). Bose did not respond to that letter. Dr. Buck completed his analysis of the
`
`ANVT AQ100 only today and his supplemental report is attached as Exhibit C.
`
`II.
`
`Argument
`
`Pursuant to Ground Rule 6, the parties to this matter have a duty to supplement their
`
`expert reports “in the manner provided in Commission Rule 2lO.27(c).” Although Audio-
`
`Technica diligently pursued locating prior art headphones (and indeed located various prior art
`
`headphones that were analyzed in Dr. Buck’s initial expert report), the AVNT NQl00 was
`
`discovered only after initial expert reports were served. Accordingly, Dr. Buck’s analysis of the
`
`AVNT NQl00 could not have been submitted with his initial expert report. For this reason,
`
`Audio-Technica seeks to supplement Dr. Buck’s initial report with his analysis and conclusions
`
`of the AVNT AQ100.
`
`The AVNT AQ100 (from 1994) is material of prior art to this litigation. The record
`
`currently contains numerous pa_ss,i_\§ prior art headphones that have the features claimed in
`
`Bose’s patent, but the AVNT AQ100 adds commercially available a_c’t_iv_e noise cancellation
`
`technology to the prior art already of record.
`
`In Dr. Buck’s opinion, the AVNT AQ100 is a 35
`
`U.S.C.
`
`§ l02(b) reference that invalidates the ‘792 patent because the AQ100 has all the claim
`
`elements including guy; noise reducing technology long before the priority date of Bose’s ‘792
`
`patent. The market presence of the AVNT AQ100 in 1994 also supports Dr. Buck’s conclusions
`
`that those skilled in the art knew at the time of the ‘792 patent that active noise reduction
`
`technology could be added to existing passive headphones of the era. Thus, this supplemental
`
`expert report is significant to Audio-Technica’s defense.
`
`Bose will not be prejudiced by this supplemental report. Expert discovery is currently
`
`ongoing and does not close until June 27, 2008. No expert depositions have yet been taken. The
`
`

`
`parties submitted rebuttal reports just yesterday, June 11, 2008. Given that expert discovery does
`
`not close until June 27, 2008, the current schedule allows adequate time (in fact more than 2
`
`weeks) for Bose to examine the AVNT AQ100 and offer any rebuttal it might have to Dr. Buck’s
`
`proposed Supplemental Expert Report, to depose Dr. Buck, and to otherwise challenge this
`
`newly discovered prior art.
`
`(As mentioned above, Bose was proffered access to the AVNT
`
`AQ100 on June 6 (Exhibit B), and has yet to indicate any desire to inspect the unit).
`
`Give the importance of the AVNT AQ100 to the issues of this case, and in further light of
`
`the expeditious nature of Audio—Technica’s actions when it discovered the new prior art, Audio-
`
`Technica respectfully requests that
`
`this Motion be granted and Dr. Buck be allowed to
`
`supplement his expert report to include his findings, analyses, and conclusions regarding the
`
`newly discovered prior art AVNT AQ100 (Exhibit C). Audio-Technica moved as expeditiously as
`
`possible once the new prior art was found.
`
`In indeed, Audio-Technica produced photographs of
`
`the AVNT AQ100 and offered to send the unit to Bose the very first day counsel for Audio-
`
`Technica acquired the unit. Dr. Buck completed his testing of the new AQ100 unit only today.
`
`Accordingly, for at least the reasons set forth above, Audio-Technica respectfully requests
`
`that the Administrative Law Judge grant Audio-Technica’s Motion to permit Dr. Buck to
`
`supplement his initial expert report with the conclusions and analysis set forth in Exhibit C.
`
`

`
`Dated: June 12, 2008
`
`Respectfully submitted,
`
`
`
`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.
`
`

`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before the Honorable Charles E. Bullock
`Administrative Law Judge
`
`
`
`
`
`
`
`
`
`
`
`Investigation No. 337-TA-626
`
`
`
`
`DECLARATION PURSUANT TO 28 U.S.C. § 1746 OF MARSHALL BUCK
`
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`
`
`
`I, Marshall Buck, declare under penalty of perjury as follows:
`
`
`1.
`
`2.
`
`I have been retained by Audio-Technica as an expert witness in the matter.
`
`My qualifications to be an expert have been previously disclosed to the
`
`Court and the participants to this case.
`
`3.
`
`4.
`
`I was retained by Audio-Technica as an expert witness in March of 2008.
`
`I was previously employed by Harman International and worked for
`
`Harman in 1994.
`
`5.
`
`While working for Harman in September of 1994, I attended an auction
`
`for a now defunct company called ANVT in Phoenix, Arizona. ANVT was a company
`
`engaged in research and development of noise cancelling headphones, as well as a variety
`
`of other active noise and vibration projects.
`
`6.
`
` In September of 1994, I was working on active noise control for Harman
`
`International.
`
`7.
`
`Harman purchased a number of items at the ANVT auction, including a
`
`few NQ100 ANR headsets.
`
`

`
`8.
`
`Attached as Exhibit 1 is the documentation showing the date and
`
`circumstances surrounding the purchase of the NQ100 units for Harman.
`
`9.
`
`Although I attended the auction in 1994, I did not personally keep the
`
`ANVT NQ100 units that Harman purchased at the auction, but instead left them with the
`
`Harman company when I left Harman. The research group at Harman was disbanded
`
`about 11 years ago, and I did not know what had happened to the NQ100 at the time the
`
`unit was disbanded.
`
`10.
`
`I have been looking for old ANR units like the NQ100 ever since Audio-
`
`Technica retained me to be their expert in this case.
`
`11.
`
`On June 2, 2008, I was finally able to obtain some of the physical ANVT
`
`NQ100 units that were bought by Harman at the 1994 auction from a former colleague at
`
`Harman (Chuck Willard).
`
`12.
`
`On June 2, I drove to Chuck Willard’s place of business in Valencia,
`
`California and obtained some NQ100 units, some spare parts from the 1994 auction, and
`
`the documentation attached as Exhibit 1.
`
`13.
`
`On June 3, I sent an NQ100 Unit to Aron Camahan at Welsh & Katz, Ltd.
`
`Via FedEx.
`
`14.
`
`I subsequently conducted tests of the NQ100 unit and have completed a
`
`Supplemental Expert Report.
`
`June 12, 2008
`
`Marshall Buck
`
`

`
`
`
`Exhibit 1 to June 12, 2008 Declaration of Marshall Buck
`
`
`
`CONFIDENTIAL BUSINESS INFORMATION OF AUDIO-TECHNICA US, INC.
`
`

`
`
`
`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
`
`

`
`
`
`EXHIBIT C
`
`EXHIBIT C
`
`

`
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING
`HEADPHONES
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`Before the Honorable Charles E. Bullock
`Administrative Law Judge
`
`
`
`Investigation No. 337-TA-626
`
`
`Supplemental Expert Report by Dr. Marshall Buck regarding the
`ANVT NQ100 ANR Headphones (Circa 1994)
`
`June 11, 2008
`
`
`
`
`
`
`
`For this Supplemental Report, I was asked to examine a prior art headphone with active noise reduction (ANR) that I
`acquired on June 2, 2008, the ANVT AQ100. As I stated in my initial expert report, I have reviewed and am familiar with
`Bose’s US Patents 5,181,252 and 6,597,792. I conclude that the 1994 ANVT AQ100 has all the elements found in Claims
`1 and 2 of the ‘792 patent. The ANVT AQ100 also supports my conclusion found in my May 28, 2008 Opening Report
`that it would be obvious for those skilled in the art to take existing headphone designs (like Audio-Technica’s ATH-910 or
`AP1300 discussed in my opening report) and combine such designs with ANR. The designers of the ANVT AQ100 did
`combine ANR with normal headphone features at least as early as 1994.
`
`The information set forth in my earlier expert report dated May 28, 2008 about my qualifications, publications, CV, etc. is
`correct and I incorporate this information by reference instead of repeating the same information again here.
`
`
`
`
`1
`
`

`
`
`An accurate photograph of an AVNT NQ100 unit is shown below:
`
`
`
`
`
`This AQ100 prior art headset contains all the elements in the claims of US Patent ‘792, as shown in the table I prepared
`below. For this chart, the “description” heading contains language I understand Bose is using to describe the various
`elements of the patent. I do not express any opinion as to whether these definitions are correct, but I believe the NQ100
`meets every element of the ‘792 patent according to the definitions used by Bose.
`
`Claim
`1. A headset
`comprising,
`
`Description
`“headset” A receiver that fits on
`a head having two earcups with
`earphones that convert
`electrical signals into sounds.
`
`Details
`The NQ100 is a headset.
`
`
`
`2
`
`

`
`
`The NQ100 is a receiver that fits on a head, it has two
`earcups with earphones that convert electrical signals into
`sound.
`
`
`
`
`
`3
`
`

`
`
`The NQ100 includes a portion of
`the headset configured to fit on
`or around the ear (earcup)
`having a front opening adapted
`to be adjacent to the ear of the
`user.
`
`
`4
`
`
`“earcup” = The portion of the headset
`configured to fit on or around the ear.
`
`
`
`an earcup having a front
`opening adapted to be
`adjacent
`to the ear of the user,
`
`
`
`
`
`

`
`The NQ100 includes a driver inside the earcup (shown by the arrows
`below).
`
`
`“driver” = An electromechanical
`transducer that converts an
`electrical
`signal into sound.
`
` a
`
` driver inside said
`earcup,
`
`
`
`
`
`
`
`
`
`
`
`
`a cushion around the
`periphery
`of said front opening formed
`with an ear opening
`constructed
`and arranged to
`accommodate
`
`“cushion” = A pad
`stuffed with soft
`material, such as foam,
`covered by a material or
`combination of materials.
`“plurality of openings”
`= more than
`
`
`The NQ100 includes a pad of soft foam material around the
`periphery of the front opening formed with an ear opening
`constructed and arranged to accommodate the ear of a user. The
`cushion is a ring of foam, covered by an external layer of foam that
`rests on the ear.
`
`
`
`5
`
`

`
`one aperture or gap.
`“passive attenuation” =
`The
`attenuation of noise
`through passive (as
`opposed to active)
`methods.
`
`the ear of a user and formed
`with a plurality of openings
`around said opening
`constructed
`and arranged to acoustically
`add
`the volume of said cushion
`to
`the volume of said earcup
`and
`enhance passive attenuation.
`
`
`
`
`2. A headset in accordance
`with claim 1 and further
`comprising, a microphone
`inside said earcup adjacent to
`said driver, and active noise
`reducing circuitry intercoupling
`said microphone and said driver
`constructed and arranged to
`provide active noise reduction,
`whereby said cushion with said
`
`
`The pad of soft foam material and the covering foam includes a
`plurality of small holes or openings that acoustically add the volume
`of the cushion to the volume of the earcup, as shown by the
`Cushion Compliance Test I performed (results attached in Appendix
`I). Specifically, my tests in Appendix I show that the foam in the
`ANVT AQ100 increases the compliance of the front cavity of the
`unit.
`
`The foam material also accomplishes passive attenuation as
`explained in Appendix II and III.
`
`
`The NQ100 includes a microphone inside
`the earcup adjacent to the driver (shown in
`yellow)
`
`
`
`
`“microphone” = A transducer that
`converts changes in air pressure into an
`electrical signal.
`“active noise reduction circuitry” =
`Circuitry and components, such as
`those described in U.S. Patent No.
`4,644,581, inside the earcup and
`arranged to electronically (actively)
`attenuate the sound perceived at the ear
`of the user.
`
`
`
`6
`
`

`
`
`
`
`
`The NQ100 further has active noise
`reducing circuitry (found in the external
`control unit (second picture below) that
`intercouples the microphone and the
`driver (first picture) that provides active
`noise reduction.
`
`
`plurality of openings is further
`constructed and arranged to
`furnish additional damping to
`help smooth the audio response
`at the ear of a user and control
`stability with the headset off the
`head.
`
`
`
`
`
`
`
`7
`
`

`
`
`
`
`
`The cushions (as Bose uses that
`phrase) in the NQ100 have a plurality
`of openings. Based upon my tests
`described in Appendix II and III, both
`the inner and outer foam on the
`AQ1000 furnish damping to help
`smooth the audio response at the ear
`of a user. This damping and
`smoothing quality of the foam also has
`the effect of controlling stability with the
`headset off the head, as explained in
`Appendix III.
`
`
`
`
`8
`
`

`
`
`
`
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`
`Appendix I
`
`The cushions of the ANVT Prior Art NQ100 add acoustic compliance to the earcup cavity
`
` I
`
` followed the following the procedures and methods to measure the effects of the cushions on acoustic compliance (the
`same procedures outlined in my earlier Opening Expert Report and my Rebuttal Expert Report.
`
` I
`
` used the procedures described in Testing Loudspeakers by J. D’Appolito (1998), in Procedure 3.1 and 3.2, and as stated
`in my Rebuttal Report (June 11, 2008), I inserted a small capillary tube through the baffle, from front to rear, in order to
`equalize the pressure across the diaphragm caused by placing the enclosure over the front of the diaphragm and making
`an airtight seal with the rubber sheet and the silicon grease. I used a test enclosure volume of 850 cc. I also repeated
`each measurement 10 times and used the mean values of the parameters.
`
`Using MLSSA SPO, I measured the T/S parameters of the driver in free air (on the baffle). The relevant parameters are
`Fsa (free air resonant frequency), and Qes (free air electrical Q factor). Then I covered the front of the driver with an
`empty (except for a small Neo holding magnet) 850 cc enclosure, which with the 50 cc of air in the through hole
`constituted a 900 cc cavity. I then remeasured the parameters Fc (closed box resonance) and Qec (closed box Q) using
`SPO in the fixed MMd mode, using 204 mg as the Mmd).
`I calculated the alpha-e (alpha-empty) = [Fc * Qec]/[Fsa*Qes] -1.
`
`Then I placed a test cushion in the enclosure, fixing it to the top with the Neo magnet, so as to not block the exit hole over
`the driver. I measured Fcf (filled box resonance) and Qecf (filled box Q).
`Then I calculate alpha-f (alpha-filled) = [Fcf*Qecf]/[Fsa*Qes] – 1.
`
`Finally I calculate the increase in volume (ratio) Vab/Va = [alpha-e]/[alpha-f].
`
`Using these methods, the following results were obtained:
`
`Cushion
`ANVT
`NQ100
`
`Description
`A ring of dense open cell foam with a layer of
`softer open cell foam against the ear.
`
`Added Volume (ratio
`1.030
`
`Effective volume (re: 900 cc)
`926
`
`
`
`10
`
`

`
`
`This test shows that the cushion of the ANVT AQ100 adds compliance to the inner cavity.
`
`
`
`11
`
`

`
`
`Appendix II
`
`Physical Qualities of the Foam used in the Prior Art Cushions
`
`In order to assess the acoustic damping, passive attenuation, and stability control qualities of the Prior Art NQ100
`cushions, I first measured the volume and weight of each component of the cushion. The weight was measured using a
`ProScale gemological scale with 1 milligram resolution.
`
`The inner foam ring had a volume of 0.00048 cubic feet, and a weight of 0.0023 pounds. This is a ratio of 2.8 pounds per
`cubic foot (PCF), which is typical of the density of open cell foam used for acoustic damping and attenuation. Open cell
`foam of this variety has a known quality of acoustic dampening and acoustic attenuation because of the physical
`interactions of the foam and the sound pressure wave. Such qualities of open cell foam (damping and smoothing
`qualities) also serve to control stability in an ANR headset, because it reduces the frequency peaks in the earcup cavity
`resonances. This helps control feedback stability by allowing higher gain to be used before unstable conditions
`(feedback) develops.
`The outer foam cover had a volume of 0.000963 cu. Ft., and a weight of 0.0013 lbs. This is a density of 1.35 PCF, which
`combines damping and attenuation qualities with the softness desired in a cover that touches the pinna of the user. The
`damping and attenuation properties of this foam would add to the overall system damping and passive attenuation, and
`would be expected to serve to control stability as well, as is known in the acoustic arts associated with ANR headphones.
`
`
`
`
`12
`
`

`
`Appendix III
`
`Tests of Acoustic Damping and Smoothing of NQ100 Cushion
`
` I
`
` used the following methodology in performing these tests in order to test for acoustic dampening and smoothing of
`frequency response of the NQ100.
`
` A
`
` Bruel & Kjaer 4007 microphone was mounted flush to a baffle board through a hole. The NQ100 was driven through its
`control box audio input with the DRA Labs MLSSA System at a level of .33 volts.
`
`Transfer function measurements were made and frequency response was measured and graphed under various cushion
`configurations.
`
`First the cushion was removed:
`
`See graph below, showing a peak at 3 kHz.
`
`
`
`
`13
`
`

`
`File: C:NHL3NDHTHNHTU3NHPFR—E1.FRfl 6-12-2838 11:25 HM
`Transfer Function Hag — dB SPL/unlts (H.1E act)
`
`135.0
`
`13D.D
`
`115.0
`
`11.,_., n ....n
`n n ———— n ————
`
`nn ——————————nn n ——————————
`
`————— Pën ———————— -—:—————cn ——————— --
`
`I+UDU!F‘=
`
`
`
`
`
`.3.3........ n ....n .3 .......... tn..... bn .......... nnn.....nen
`3
`mm 33
`.353 n ..... ]n .3.3.......... _n .... nn .3 .......... Hn .....n ..........
`..... `nn
`.3.3.......... {n ....nn .3 ..........
`.....nn 3.3.3 .......... @nn..... _3...3.3..3.3.3 ......... ..
`
`33
`
`3
`
`_
`
`_
`
`.3.,_.,
`
`353
`
`
`
`
`
`33
`
`3
`
`Pn .......... 2n .... 0nn
`
``nn ..........
`
`.....n ..........
`
`.....nn
`
`.......... nn.....n
`.3.3.......... *n .... 0n .3 .......... nn..... Pnn
`3
`BM 3_
`753 n .... nn .3.3.......... nn ....
`.3.......... nn.....on 3.3.3.......... 2n.....-n ...........
`auto
`
`3.D
`
`1D.D
`
`1DD.D
`
`1DDD.D
`
`1DDDD.D
`
`lug Frequencg — Hz
`
`Comment: Hfllflfl H0 CUSHION
`
`14
`
`

`
`Next, a cushion fashioned from modeling clay, showing a 13 dB peak at 1 kHz.:
`
`
`
`
`
`
`
`
`15
`
`

`
`Next the NQ100 Inner foam ring portion of the cushion, showing damping of the 3 kHz peak by 5 dB.
`
`
`
`
`
`
`
`
`16
`
`

`
`Next the outer foam cushion cover, showing damping of the 3 kHz peak by 6 dB.
`
`
`
`
`
`
`
`
`17
`
`

`
`Next the Inner and Outer cushions, showing damping of the 3 kHz peak by 13 dB.
`
`
`
`
`
`
`
`
`18
`
`

`
`Next we see the overlay of the effect of Inner cushion only vs. both foams from the AQ100. The addition of the outer foam
`adds a significant amount of extra damping (6.4 dB).
`
`
`
`
`
`
`The damping tests show that the NQ100 cushions provide damping and smoothing in the frequency response.
`
`This damping and smoothing improves the sound quality of the headset.
`
`
`
`19
`
`

`
`
`The damping also serves to increase the stability margin of the headset with and without the headset applied to the head.
`
`
`
`
`
`20
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 12, 2008 a copy of
`
`RESPONDENT AUDIO-TECHNICA’S MOTION FOR LEAVE TO SUPPLEMENT THE
`EXPERT REPORT OF ITS EXPERT MARSHALL BUCK TO ACCOUNT FOR NEW PRIOR-
`ART JUST DISCOVERED & SHORTENED TIME TO RESPOND TO THIS MOTION
`
`was served on the following as indicated:
`
`
`
`Via Hand Delivery
`Marilyn R. Abbott
`Via U. S. Mail
`Secretary
`
`
`U.S. International Trade Commission
`
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`Via Electronic Docket Filing
`
`Via Hand Delivery (2 copies)
`Via U. S. Mail
`
`Via Ovemight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`500 E Street, S.W., Room 112-F
`
`Washington, DC 20436
`
` The Honorable Charles E. Bullock
`
`Administrative Law Judge
`U. S. International Trade Commission
`
`
`
`500 E Street, S.W.
`
`Washington, DC 20436
`
`
`
`DDDDEEDDDDD
`
`
`
`
`
`
`
`Christopher G. Paulraj, Esq.
`T. Spence Chubb, Esq.
`Office of Unfair Import Investigations
`U. S. Intemational Trade Commission
`
`500 E Street, S.W., Room 401
`Washington, DC 20436
`
`SUEDE
`
` Via Hand Delivery
`
`Via U. S. Mail
`
`Via Ovemight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`Ruffin B. Cordell
`
`
`Andrew R. Kopsidas
`Jeffrey R. Whieldon
`FISH & RICHARDSON P.C.
`
`1425 K Street, N.W.
`
`DDDED
`
`PJn
`
`Via Hand Delivery
`Via U. S. Mail
`
`Via Overnight Mail
`Via Electronic Mail
`
`Via Facsimile
`
`Washington, DC 20005
`
`
`
`Counselfor Complainant Bose Corporation
`
`

`
`Charles Hieken
`Gregory A. Madera
`Adam J. Kessel
`FISH & RICHARDSON P.C.
`225 Franklin Street
`
`Boston, MA 02110
`
`Counselfor Complainant Bose Corporation
`
`Alan Cope Johnston
`G. Brian Busey
`Cynthia Lopez Beverage
`MORRISON & FOERSTER LLP
`
`2000 Pennsylvania Ave, N.W.
`Washington, DC 20006
`
`Counselfor Respondent Phitek Systems Limited, GN
`Netcom, Inc., Logitech Inc. and Creative Labs, Inc.
`
`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
`
`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
`X Via U. S. Mail
`I:I Via Ovemight Mail
`El Via Electronic Mail
`E] Via Facsimile
`
`Counselfor Respondent Phitek Systems Limited, GN
`Netcom, 1nc., Logitech Inc. and Creative Labs, Inc.
`
` .
`
`Daniel Ebenstein
`Abraham Kasdan
`Joseph Casino
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`
`D Via Hand Delivery
`IE Via U. S. Mail
`I:] Via Overnight Mail
`I:I Via Electronic Mail
`I___I Via Facsimile
`
`Counselfor Respondent Panasonic Corporation of
`North America
`
`
`

`
`
`
`Tom M. Schaumberg
`Jamie D. Underwood
`Adduci, Mastrani & Schaumberg LLP
`1200 Seventh Street NW, Fifth Floor
`Washington, DC 20036
`
`
`Via Hand Delivery
`Via U. S. Mail
`
`
`Via Ovemight Mail
`
`
`Via Electronic Mail
`
`
`Via Facsimile
` Counselfor Respondent Panasonic Corporation of
`
`
` l:lE]DlZ||:l
`
`North America
`
`Michael Wu
`
`Paralegal