`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`
`Inv. No. 337-TA-626
`
`i 3 ,
`h)
`.>
`ORDER NO. 21: GRANTING PHITEK SYSTEMS LIMITED’S (NZ) AND CREARVE
`LABS, INC.’S MOTION FOR LEAVE TO AMEND RESPONSES TO COMPLAINT,
`?. 3
`SUPPLEMENTAL LETTER AND NOTICE OF INVESTIGATION
`
`,e-:
`
`(October 22,2008)
`
`On July 7,2008, Respondent Phitek Systems Limited’s (NZ) and Creative Labs, 1 2 6
`
`(collectively, “Respondents”) moved to amend their Responses to the Complaint to include
`
`additional facts supporting their previously asserted affirmative defenses. (Motion Docket No.
`
`626-33 .) Respondents explained that they could not have included these facts in their initial
`
`Responses because they only obtained the information after deposing Bose’s employees and the
`
`inventors of the asserted patents.
`
`IC3
`
`. “ 1
`
`- j
`
`.
`
`,
`
`.-;
`
`On July 16,2008, Complainant Bose Corporation (“Bose’’) filed an unopposed motion for
`
`a one week extension to respond to Respondents’ motion, which extension is GRANTED.
`
`(Motion Docket No. 626-35.)
`
`On July 24,2008, Bose responded that Respondents lack good cause for their motion
`
`because it is not based on any newly discovered information. Bose also argued that it would be
`
`prejudiced by any expansion of Respondents’ affirmative defenses.
`
`On July 24,2008, Commission Investigative Staff (“Staff ’) responded that Respondents’
`
`motion should be granted because there is good cause to amend and such an amendment would
`
`not significantly prejudice Bose.
`
`
`
`Rule 2 10.14(b)(2) of the Commission's Rules of Practice and Procedure provides as
`
`follows:
`
`If disposition of the issues in an investigation on the merits will be facilitated, or for
`other good cause shown, the presiding administrative law judge may allow
`appropriate amendments to pleadings other than complaints upon such conditions as
`are necessary to avoid prejudicing the public interest and the rights of the parties to
`the investigation.
`19 C.F.R. 3 210.14(b)(2).
`
`The undersigned finds that the above standard has been met by Respondents.
`
`Accordingly, Respondents' motion (626-33) is hereby granted.
`
`SO ORDERED.
`
`Administrative Law Judge
`
`-2-
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`CERTIFICATE OF SERVICE
`
`I, Marilyn R. Abbott, hereby certifl that the attached ORDER has been sesed upon,
`Christopher G. Paulraj, Esq., Commission Investigative Attorney, and the following parties
`, 2008..
`22-
`via first class mail and air mail where necessary on
`
`w- -
`U. S. International Trade Commission
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`
`FOR COMPLAINANT BOSE CORPORATION:
`
`Andrew R. Kopsidas, Esq.
`FISH & RICHARDSON, P.C.
`1425 K Street, N.W., 1 lth Floor
`Washington, DC 20005
`
`FOR RESPONDENTS PHITEK SYSTEMS LIMITED
`
`Alan Cope Johnson, Esq.
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Ave, N.W.
`Washington, DC 20006
`
`William B. Nash, Esq.
`JACKSON WALKER L.L.P.
`112 E. Pecan Street, Suite 2400
`San Antonio, TX 78205
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`q ) V i a First Class Mail
`( )Other:
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(y)Via First Class Mail
`( )Other:
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(+)Via First Class Mail
`( )Other:
`
`FOR RESPONDENT AUDIO TECHNICA U.S., INC.
`
`Amanda R. Johnson, Esq.
`AKIN GUMP STRAUSS HAUER & FELD LLP
`1333 New Hampshire Avenue, N.W.
`Washington, DC 20036
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`()$Via First Class Mail
`( )Other:
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`James P. White, Esq.
`WELSH & KATZ, LTD.
`120 South Riverside Plaza, 22nd Floor
`Chicago, IL 60606
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`($)Via First Class Mail
`( )Other:
`
`FOR RESPONDENT CREATIVE LABS INC.
`
`G. Brian Busey, Esq.
`MORRISON & FOERSTER LLP
`2000 Pennsylvania Avenue, N.W., Suite 5500
`Washington, DC 20006
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(>c)Via First Class Mail
`( )Other:
`
`FOR RESPONDENT PANASONIC CORPORATION OF NORTH AMERICA
`
`Tom M. Schaumberg, Esq.
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1200 Seventh Street, N.W., Fifth Floor
`Washington, DC 20036
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(K)Via First Class Mail
`( )Other:
`
`Daniel S. Ebenstein, Esq.
`AMSTER ROTHSTEIN & EBENSTEIN, L.L.P.
`90 Park Avenue
`New York, NY 10016
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`($)Via First Class Mail
`( )Other:
`
`RESPONDENTS:
`
`GN NETCOM, INC.
`77 Northeastern Boulevard
`Nashua, NH 03062
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(j;lVia First Class Mail
`( )Other:
`
`
`
`IN THE MATTER OF CERTAIN NOISE
`CANCELLING HEADPHONES
`
`337-TA-626
`
`PUBLIC MAILING LIST
`
`Sherry Robinson
`LEXIS - NEXIS
`8891 Gander Creek Drive
`Miamisburg, OH 45342
`
`Kenneth Clair
`THOMSON WEST
`1100 - 13'h Street NW
`Suite 200
`Washington, DC 20005
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(*Via First Class Mail
`( )Other:
`
`( )Via Hand Delivery
`( )Via Overnight Mail
`(%)Via First Class Mail
`( )Other:
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