UNITED STATES INTERNATIONAL TRADE COMMISSION
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C. 20436
`Washington, D.C. 20436
`
`In the Matter of
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`CERTAIN NOISE CANCELLING HEADPHONES
`
`Investigation No. 337-TA-626
`Investigation No. 337-TA-626
`
`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW
`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW
`AN INITIAL DETERMINATION FINDING THAT ACCUSED PRODUCTS
`AN INITIAL DETERMINATION FINDING THAT ACCUSED PRODUCTS
`HAVE BEEN SOLD FOR IMPORTATION BY PHITEK SYSTEMS LIMITED
`HAVE BEEN SOLD FOR IMPORTATION BY PIDTEK SYSTEMS LIMITED
`
`AGENCY: U.S. International Trade Commission.
`u.s. International Trade Commission.
`AGENCY:
`ACTION: Notice.
`ACTION:
`Notice.
`
`‘-
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review an initial determination (“ID”) of the presiding administrative law
`determined not to review an initial determination ("ID") of the presiding administrative law
`judge (“ALJ”) in the above-captioned investigation finding that accused products have been sold
`judge ("ALJ") in the above-captioned investigation finding that accused products have been sold
`for importation by Phitek Systems Limited of New Zealand.
`for importation by Phitek Systems Limited of New Zealand.
`FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
`FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`20436, telephone (202) 205-304 1. Copies of non-confidential documents filed in connection
`20436, telephone (202) 205-3041. Copies of non-confidential documents filed in connection
`with this investigation are or will be available for inspection during official business hours (8:45
`with this investigation are or will be available for inspection during official business hours (8:45
`a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E
`a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E
`Street, S. W., Washington, D.C. 20436, telephone (202) 205-2000. General information
`Street, S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information
`concerning the Commission may also be obtained by accessing its Internet server at
`concerning the Commission may also be obtained by accessing its Internet server at
`Iitti~:A’ww\i~. usitc.goi-. The public record for this investigation may be viewed on the
`http://www.lIsile.go)'. The public record for this investigation may be viewed on the
`Commission’s electronic docket (EDIS) at httt>://et/is. iuitc.gov. Hearing-impaired persons are
`Commission's electronic docket (EDIS) at http://edis.ltsite.gov. Hearing-impaired persons are
`advised that information on this matter can be obtained by contacting the Commission’s TDD
`advised that information on this matter can be obtained by contacting the Commission's TDD
`terminal on (202) 205-1810.
`terminal on (202) 205-1810.
`
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`December 26,2007, based on a complaint filed by Bose Corporation of Framingham,
`December 26,2007, based on a complaint filed by Bose Corporation of Framingham,
`Massachusetts (“Bose”). 73 Fed. Reg. 882 (January 4,2008). The complaint, as supplemented,
`Massachusetts ("Bose"). 73 Fed. Reg. 882 (January 4,2008). The complaint, as supplemented,
`alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 5 1337) in the importation
`alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation
`into the United States, the sale for importation, and the sale within the United States after
`into the United States, the sale for importation, and the sale within the United States after
`importation of certain noise cancelling headphones by reason of infringement of certain claims of
`importation of certain noise cancelling headphones by reason of infringement of certain claims of
`United States Patent Nos. 5,181,252 and 6,597,792. The complaint named as respondents Phitek
`United States Patent Nos. 5,181,252 and 6,597,792. The complaint named as respondents Phitek
`Systems Limited (“Phitek”) of New Zealand; Phitek Systems Limited of San Jose, California;
`Systems Limited ("Phitek") of New Zealand; Phitek Systems Limited of San Jose, California;
`GN Netcom, Inc. of Nashua, New Hampshire; Audio Technica U.S., Inc. of Stow, Ohio; Creative
`GN Netcom, Inc. of Nashua, New Hampshire; Audio Technica U.S., Inc. of Stow, Ohio; Creative
`Labs, Inc. of Milpitas, California; Logitech Inc. of Fremont, California; and Panasonic
`Labs, Inc. of Milpitas, California; Logitech Inc. of Fremont, California; and Panasonic
`Corporation of North America of Secaucus, New Jersey.
`Corporation of North America of Secaucus, New Jersey.
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C. 20436
`Washington, D.C. 20436
`
`In the Matter of
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`CERTAIN NOISE CANCELLING HEADPHONES
`
`Investigation No. 337-TA-626
`Investigation No. 337-TA-626
`
`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW
`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW
`AN INITIAL DETERMINATION FINDING THAT ACCUSED PRODUCTS
`AN INITIAL DETERMINATION FINDING THAT ACCUSED PRODUCTS
`HAVE BEEN SOLD FOR IMPORTATION BY PHITEK SYSTEMS LIMITED
`HAVE BEEN SOLD FOR IMPORTATION BY PIDTEK SYSTEMS LIMITED
`
`AGENCY: U.S. International Trade Commission.
`u.s. International Trade Commission.
`AGENCY:
`ACTION: Notice.
`ACTION:
`Notice.
`
`‘-
`2;
`;1
`“...
`-1- ..
`.. r:::
`F3
`N
`W
`W
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review an initial determination (“ID”) of the presiding administrative law
`determined not to review an initial determination ("ID") of the presiding administrative law
`judge (“ALJ”) in the above-captioned investigation finding that accused products have been sold
`judge ("ALJ") in the above-captioned investigation finding that accused products have been sold
`for importation by Phitek Systems Limited of New Zealand.
`for importation by Phitek Systems Limited of New Zealand.
`FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
`FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`20436, telephone (202) 205-304 1. Copies of non-confidential documents filed in connection
`20436, telephone (202) 205-3041. Copies of non-confidential documents filed in connection
`with this investigation are or will be available for inspection during official business hours (8:45
`with this investigation are or will be available for inspection during official business hours (8:45
`a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E
`a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E
`Street, S. W., Washington, D.C. 20436, telephone (202) 205-2000. General information
`Street, S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information
`concerning the Commission may also be obtained by accessing its Internet server at
`concerning the Commission may also be obtained by accessing its Internet server at
`Iitti~:A’ww\i~. usitc.goi-. The public record for this investigation may be viewed on the
`http://www.lIsile.go)'. The public record for this investigation may be viewed on the
`Commission’s electronic docket (EDIS) at httt>://et/is. iuitc.gov. Hearing-impaired persons are
`Commission's electronic docket (EDIS) at http://edis.ltsite.gov. Hearing-impaired persons are
`advised that information on this matter can be obtained by contacting the Commission’s TDD
`advised that information on this matter can be obtained by contacting the Commission's TDD
`terminal on (202) 205-1810.
`terminal on (202) 205-1810.
`
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`December 26,2007, based on a complaint filed by Bose Corporation of Framingham,
`December 26,2007, based on a complaint filed by Bose Corporation of Framingham,
`Massachusetts (“Bose”). 73 Fed. Reg. 882 (January 4,2008). The complaint, as supplemented,
`Massachusetts ("Bose"). 73 Fed. Reg. 882 (January 4,2008). The complaint, as supplemented,
`alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 5 1337) in the importation
`alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation
`into the United States, the sale for importation, and the sale within the United States after
`into the United States, the sale for importation, and the sale within the United States after
`importation of certain noise cancelling headphones by reason of infringement of certain claims of
`importation of certain noise cancelling headphones by reason of infringement of certain claims of
`United States Patent Nos. 5,181,252 and 6,597,792. The complaint named as respondents Phitek
`United States Patent Nos. 5,181,252 and 6,597,792. The complaint named as respondents Phitek
`Systems Limited (“Phitek”) of New Zealand; Phitek Systems Limited of San Jose, California;
`Systems Limited ("Phitek") of New Zealand; Phitek Systems Limited of San Jose, California;
`GN Netcom, Inc. of Nashua, New Hampshire; Audio Technica U.S., Inc. of Stow, Ohio; Creative
`GN Netcom, Inc. of Nashua, New Hampshire; Audio Technica U.S., Inc. of Stow, Ohio; Creative
`Labs, Inc. of Milpitas, California; Logitech Inc. of Fremont, California; and Panasonic
`Labs, Inc. of Milpitas, California; Logitech Inc. of Fremont, California; and Panasonic
`Corporation of North America of Secaucus, New Jersey.
`Corporation of North America of Secaucus, New Jersey.
`
`
`
`On June 30,2008, Bose filed a motion for summary determination of importation of the
`On June 30, 2008, Bose filed a motion for summary determination of importation ofthe
`accused products by Phitek. In its response, Phitek conceded that it sold certain accused products
`accused products by Phitek. In its response, Phitek conceded that it sold certain accused products
`to respondents for importation. The Commission investigative attorney supported the motion.
`to respondents for importation. The Commission investigative attorney supported the motion.
`No other party responded to the motion.
`No other party responded to the motion.
`
`On October 21,2008, the ALJ granted Bose’s motion and found that, based on Phitek’s
`On October 21,2008, the ALJ granted Bose's motion and found that, based on Phitek's
`admission of the sale of certain accused products for importation into the United States, the sale
`admission of the sale of certain accused products for importation into the United States, the sale
`for importation requirement of section 337(a)( 1)(B) had been satisfied. No petitions for review
`for importation requirement of section 337(a)(1 )(B) had been satisfied. No petitions for review
`of the ID were filed and the Commission has determined not to review the ID.
`of the ID were filed and the Commission has determined not to review the ID.
`
`This action is taken under the authority of section 337 of the Tariff Act of 1930, as
`This action is taken under the authority of section 337 ofthe Tariff Act of 1930, as
`amended, 19 U.S.C. 0 1337, and Commission rule 2 10.42, 19 C.F.R. 0 2 10.42.
`amended, 19 U.S.C. § 1337, and Commission rule 210.42, 19 C.F.R. § 210.42 .
`
`By order of the Cornmission.
`By order of the Commission.
`
`•
`
`K ? ? ! ! z
`
`Issued: November 10,2008
`Issued: November 10, 2008
`
`Marilyn R. Abbott
`Marilyn R. Abbott
`Secretary to the Commission
`Secretary to the Commission
`
`2
`2
`
`
`
`Page 1 - Certificate of Service
`Page 1 - Certificate of Service
`
`CERTAIN NOISE CANCELLING HEADPHONES
`CERTAIN NOISE CANCELLING HEADPHONES
`
`337-TA-626
`337-TA-626
`
`PUBLIC CERTIFICATE OF SERVICE
`PUBLIC CERTIFICATE OF SERVICE
`I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF A COMMISSION
`I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF A COMMISSION
`DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION
`DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION
`FINDING THAT ACCUSED PRODUCTS HAVE BEEN SOLD FOR
`FINDING THAT ACCUSED PRODUCTS HAVE BEEN SOLD FOR
`IMPORTATION BY PHITEK SYSTEMS LIMITED has been served by hand upon
`IMPORTATION BY PHITEK SYSTEMS LIMITED has been served by hand upon
`the Commission Investigative Attorney, Christopher G. Paulraj, Esq., and the following
`the Commission Investigative Attorney, Christopher G. Paulraj, Esq., and the following
`parties as indicated, on
`parties as indicated, on
`
`NOV 1 2- ml
`
`rilyn R. bbott, Secretary
`U.S. Internkonal Trade Commission
`u.s. Intern tional Trade Commission
`500 E Street, SW
`500 E Street, SW
`Washington, DC 20436
`Washington, DC 20436
`ON BEHALF OF COMPLAINANT BOSE
`ON BEHALF OF COMPLAINANT BOSE
`CORPORATION:
`CORPORATION:
`Andrew R. Kopsidas, Esq.
`Andrew R. Kopsidas, Esq.
`FISH & RICHARDSON P.C.
`FISH & RICHARDSON P.e.
`1425 K Street, NW 1 lth Floor
`1425 K Street, NW 11 th Floor
`Washington, DC 20005
`Washington, DC 20005
`P-202-783-5070
`P-202-783-5070
`F-202-783-233 1
`F -202-783-2331
`ON BEHALF OF RESPONDENTS PHITEK
`ON BEHALF OF RESPONDENTS PHITEK
`SYSTEMS LIMITED AND CREATIVE LABS:
`SYSTEMS LIMITED AND CREATIVE LABS:
`William B. Nash, Esq.
`William B. Nash, Esq.
`JACKSON WALKER LLP
`JACKSON WALKER LLP
`112 E. Pecan Street, Suite 2400
`112 E. Pecan Street, Suite 2400
`San Antonio, TX USA 78205
`San Antonio, TX USA 78205
`P-210-978-7700
`P-21 0-978-7700
`F-210-242-4620
`F-21 0-242-4620
`
`( ) Via Hand Delivery
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`
`
`Page 2 - Certificate of Service
`Page 2 - Certificate of Service
`
`CO-COUNSEL ON BEHALF OF RESPONDENT
`CO-COUNSEL ON BEHALF OF RESPONDENT
`PHITEK SYSTEMS LIMITED:
`PHITEK SYSTEMS LIMITED:
`Dennis Braswell, Esq.
`Dennis Braswell, Esq.
`BRASWELL & ASSOCIATES, P.C.
`BRASWELL & ASSOCIATES, P.C.
`105 Soost Court
`105 Soost Court
`Mobile, AL 36608
`Mobile, AL 36608
`P-25 1-458-8045
`P-251-458-8045
`F-25 1-4 14-2969
`F-251-414-2969
`ON BEHALF OF RESPONDENT AUDIO TECHNICA
`ON BEHALF OF RESPONDENT AUDIO TECHNICA
`US, INCORPORATED:
`US, INCORPORATED:
`
`James P. White, Esq.
`James P. White, Esq.
`WELSH & KATZ, LTD.
`WELSH & KATZ, LTD.
`120 South Riverside Plaza
`120 South Riverside Plaza
`22nd Floor
`22nd Floor
`Chicago, IL 60606
`Chicago, IL 60606
`P-3 12-655-1 500
`P-312-655-1500
`F-3 12-655- 150 1
`F-312-655-1501
`ON BEHALF OF RESPONDENT PANASONIC
`ON BEHALF OF RESPONDENT PANASONIC
`CORPORATION OF NORTH AMERICA:
`CORPORATION OF NORTH AMERICA:
`Tom M. Schaumberg, Esq.
`Tom M. Schaumberg, Esq.
`ADDUCI MASTRIANI & SCHAUMBERG, LLP
`ADDUCI MASTRIANI & SCHAUMBERG, LLP
`1200 Seventeenth Street, NW Fifth Floor
`1200 Seventeenth Street, NW Fifth Floor
`Washington, DC 20036
`Washington, DC 20036
`P-202-467-6300
`P-202-467 -6300
`F-202-466-2006
`F -202-466-2006
`
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