`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`
`Inv. No. 337-TA-62
`
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`“ , I . !
`
`1
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`ORDER NO. 11: INITIAL DETERMINATION EXTENDING THE TARGET D A T W
`NINETEEN MONTHS, OR AUGUST 6,2009
`-E
`W v
`
`(July 7,2008)
`
`I
`
`The procedural schedule and target date for this investigation was last set on February 4,
`
`2008. See Order No. 4. Currently, the target date for this investigation is fifteen months, or April
`
`6, 2009, with an initial determination due on January 6, 2009. The undersigned is extending the
`
`target date in this investigation by four months at this time. Based on the undersigned’s current case
`
`load and considering the number of outstanding motions in this investigation, the upcoming hearing
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`date for this investigation, currently set for August 4-12,2008, is not feasible.
`
`The parties have filed over fifteen outstanding motions, including discovery motions and
`
`motions for summary determination in this investigation. Given the undersigned’s deadlines in other
`
`investigations, including the initial determinations in Inv. Nos. 337-TA-543 and 337-TA-571, both
`
`currently due on July 28, 2008, and the initial determination in Inv. No. 337-TA-604, due on
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`September 12,2008, along with the Markman claim construction order for Inv. No. 337-TA-619,
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`conducting a hearing in August for this investigation is not possible, especially given the number of
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`outstanding motions that must be ruled upon before the hearing begins. Given the lack of hearing
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`room availability, the undersigned is hereby resetting the hearing date for this investigation to
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`December 4-12,2008, with the tutorial and pre-hearing conference set for December 3,2008. The
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`
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`parties are to meet and confer and propose a modified procedural schedule, based on this new
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`hearing date, by July 18,2008.
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`Accordingly, the new target date for this investigation is set at nineteen months, or August
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`6,2009, making the initial determination due on April 6,2009. The undersigned finds that, based
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`on the case load described above, a four month extension of the target date is reasonable.
`Pursuant to 19 C.F.R. 0 210.42(h) this initial determination shall become the determination
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`of the Commission unless a party files a petition for review of the initial determination pursuant to
`19 C.F.R. 9 2 10.43(a) or the Commission, pursuant to 19 C.F.R. 5 2 10.44, orders on its own motion
`
`a review of the initial determination or certain issues herein.
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`SO ORDERED.
`
`Administrative Law Judge
`
`-2-
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`
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`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`CERTIFICATE OF SERVICE
`
`I, Marilyn R. Abbott, hereby certify that the attached ORDER was served upon, Christopher
`G. Paulraj, Esq., Commission Investigative Attorney, and the following parties via first class
`, 2008..
`July 8
`mail and air mail where necessary on
`
`Jd'6
`fvlhrilyn R/Abbott, Secretary
`U.S. International Trade Commission
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`
`FOR COMPLAINANT BOSE CORPORATION:
`
`Autumn J. Hwang, Esq.
`Ruffin B. Cordell, Esq.
`Andrew R. Kopsidas, Esq.
`Jeffrey R. Whieldon, Esq.
`FISH & RICHARDSON, P.C.
`1425 K Street, N.W., 1 lth Floor
`Washington, DC 20005
`
`Charles Hieken, Esq.
`Gregory A. Madera, Esq.
`Adam J. Kessel, Esq.
`FISH & RICHARDSON, P.C.
`225 Franklin Street
`Boston, MA 02 1 10
`
`Jordan Fowles, Esq.
`FISH & RICHARDSON P.C.
`1717 Main Street, Suite 5000
`Dallas, TX 75201
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`FOR RESPONDENTS PHITEK SYSTEMS LIMITED
`
`Alan Cope Johnson, Esq.
`G. Brian Busey, Esq.
`Cynthia Lopez, Esq.
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Ave, N.W.
`Washington, DC 20006
`
`Dan Chapman, Esq.
`Mark Fassold, Esq.
`JACKSON WALKER L.L.P.
`112 E. Pecan Street, Suite 2400
`San Antonio, TX 78205
`
`FOR RESPONDENT AUDIO TECHNICA U.S., INC.
`
`Daniel E. Yonan, Esq.
`Arthur Wineburg, Esq.
`AKIN GUMP STRAUSS HAUER & FELD LLP
`1333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`James P. White, Esq.
`Gerald T. Shekleton, Esq.
`J. Aron Carnanhan, Esq.
`WELSH & KATZ, LTD.
`120 South Riverside Plaza, 22nd Floor
`Chicago, IL 60606
`
`FOR RESPONDENT CREATIVE LABS INC.
`
`Alan Cope Johnston, Esq.
`G. Brian Busey, Esq.
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Avenue, N.W., Suite 5500
`Washington, DC 20006
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`FOR RESPONDENT PANASONIC CORPORATION OF NORTH AMERICA
`
`Tom M. Schaumberg, Esq.
`Jamie D. Underwood, Esq.
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1200 Seventh Street, N.W., Fifth Floor
`Washington, DC 20036
`
`Daniel S. Ebenstein, Esq.
`AMSTER ROTHSTEIN & EBENSTEIN, L.L.P.
`90 Park Avenue
`New York, NY 10016
`
`RESPONDENTS:
`
`GN NETCOM, INC.
`77 Northeastern Boulevard
`Nashua, NH 03062
`
`Sherry Robinson
`LEXIS - NEXIS
`8891 Gander Creek Drive
`Miamisburg, OH 45342
`
`Ronnita Green
`Thomson West
`1100 - 13'h Street NW
`Suite 200
`Washington, DC 20005
`
`PUBLIC MAILING LIST
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