[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.
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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