[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Pages 1663-1664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00325]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-943]


Certain Wireless Headsets; Institution of Investigation Pursuant 
to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 8, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
One-E-Way, Inc. of Pasadena, California. A supplement was filed on 
December 24, 2014. The complaint alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain wireless headsets by reason of infringement of certain claims 
of U.S. Patent No. 7,865,258 (``the `258 patent'') and U.S. Patent No. 
8,131,391 (``the `391 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is avaiable 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 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

SUPPLEMENTARY INFORMATION:
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 7, 2015, 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 wireless 
headsets by reason of infringement of one or more of claims 3, 4, 8, 
10, and 11 of the `258 patent and claims 1-6 and 10 of the `391 patent, 
and whether an industry in the United States exists or is in the 
process of being established 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:
One-E-Way, Inc., 3016 E. Colorado Boulevard #70848, Pasadena, CA 91107
    (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:

Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan
Sony Corporation of America, 550 Madison Avenue, New York, NY 10022
Sony Electronics, Inc., 16530 Via Esprillo, San Diego, CA 92127
Sennheiser Electronic GmbH & Co. KG, Am Labor 1, 30900 Wedemark, 
Germany
Sennheiser Electronic Corporation, 1 Enterprise Drive, Old Lyme, CT 
06371
BlueAnt Wireless Pty, Ltd., 658 Church Street, Building 1, Level 4, 
Richmond, VIC 3121, Australia
BlueAnt Wireless, Inc., 125 South Wacker Drive, Suite 300, Chicago, IL 
60606
Creative Technology Ltd., 31 International Business Park, #03-01, Lobby 
C, Creative Resource, Singapore 609921
Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, CA 95035
Beats Electronics, LLC, 8501 Steller Drive, Culver City, CA 90232
Beats Electronics International Ltd., The Malt House South, Grand Canal 
Quay, Dublin 2, Ireland
Jawbone, Inc., 99 Rhode Island Street, 3rd Floor, San Francisco, CA 
94103,
GN Netcom A/S d/b/a Jabra, Lautrupbjerg 7, Ballerup, K[oslash]benhavn, 
2750, Denmark

    (c) The 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 Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate 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(e) 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.


[[Page 1664]]


    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 (2014).

    By order of the Commission.

     Issued: January 8, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-00325 Filed 1-12-15; 8:45 am]
BILLING CODE 7020-02-P