[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Page 43404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19597]
[[Page 43404]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1071]
Certain Wireless Audio Systems and Components Thereof Institution
of Investigation
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 August 10, 2017, under section
337 of the Tariff Act of 1930, as amended, on behalf of Broadcom
Limited of San Jose, California and Avago Technologies General IP
(Singapore) Pte. Ltd. of Singapore. An amended complaint was filed on
August 16, 2017, and supplements to the amended complaint were filed on
August 30, 2017. The amended complaint, as supplemented, 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 audio systems and components
thereof by reason of infringement of U.S. Patent No. 6,684,060 (``the
'060 patent''). The amended complaint further alleges that an industry
in the United States exists as required by the applicable Federal
Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The amended complaint, as supplemented, except for any
confidential information contained therein, is 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 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
https://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice
and Procedure, 19 CFR 210.10 (2017).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on September 8, 2017, 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
audio systems and components thereof by reason of infringement of claim
20 of the '060 patent; 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 complainants are:
Broadcom Limited, 1320 Ridder Park Drive, San Jose, CA 95131
Avago Technologies General IP (Singapore) Pte. Ltd., 1 Yinshun Avenue
7, Singapore, 768923
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302
Phorus, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302
MartinLogan, Ltd., 2101 Delaware Street, Lawrence, KS 66046-3149
Paradigm Electronics Inc., 205 Annagem Boulevard, Mississauga, ON L5T
2V1, Canada
Anthem Electronics, Inc., 205 Annagem Boulevard, Mississauga, ON L5T
2V1, Canada
Wren Sound Systems, LLC, 169 Gateshead Way, Phoenixville, PA 19460
McIntosh Laboratory, Inc., 2 Chambers Street, Binghamton, NY 13903-2699
Definitive Technology, 11433 Cronridge Drive, Suite K, Owings Mills, MD
21117
Polk Audio Inc., 1 Viper Way, Vista, CA 92081
(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 amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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.
By order of the Commission.
Issued: September 11, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-19597 Filed 9-14-17; 8:45 am]
BILLING CODE 7020-02-P