[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Notices]
[Pages 882-883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25627]


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INTERNATIONAL TRADE COMMISSION

[ Inv. No. 337-TA-626]


 In the Matter of Certain Noise Cancelling Headphones; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 29, 2007 under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Bose Corporation of Framingham, Massachusetts. A letter supplementing 
the complaint was filed on December 20, 2007. The complaint alleges 
violations of section 337 in the importation 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 U.S. Patent Nos. 5,181,252 and 
6,597,792. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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 Street, SW., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the

[[Page 883]]

Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server at http://www.usitc.gov. The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2575.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2007).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 26, 2007, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain noise 
cancelling headphones by reason of infringement of one or more of 
claims 1, 2, and 5 of U.S. Patent No. 5,181,252 and claims 1 and 2 of 
U.S. Patent No. 6,597,792, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--Bose Corporation, 100 The Mountain Road, 
Framingham, Massachusetts 01701.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Phitek Systems Limited, Level 4, Axon Building, 2 Kingdom Street, 
Newmarket, Auckland, New Zealand.
Phitek Systems Limited, 3049 Summerhill Court, San Jose, California 
95148.
GN Netcom, Inc., 77 Northeastern Boulevard, Nashua, New Hampshire 
03062.
Audio Technica U.S., Inc., 1221 Commerce Drive, Stow, Ohio 44224.
Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, California 
95035.
Logitech Inc., 6505 Kaiser Drive, Fremont, California 94555.
Panasonic Corporation of North America, One Panasonic Way, Secaucus, 
New Jersey 07094.

    (c) The Commission investigative attorney, party to this 
investigation, is T. Spence Chubb, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: December 27, 2007.
    By order of the Commission.
Marilyn R. Abbott,
Secretary of the Commission.
 [FR Doc. E7-25627 Filed 1-3-08; 8:45 am]
BILLING CODE 7020-02-P