[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Pages 72382-72383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28184]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1121]


Certain Earpiece Devices and Components Thereof; Commission 
Determination Not To Review an Initial Determination Granting a Motion 
To Terminate the Investigation With Respect to U.S. Patent No. 
9,398,364; Termination of the Investigation in Its Entirety

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 20) of the presiding administrative law judge 
(``ALJ''), granting an unopposed motion to terminate the investigation 
based on withdrawal of the complaint with respect to U.S. Patent No. 
9,398,364 (``the '364 patent''). The investigation is terminated in its 
entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection 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 Street SW, Washington, DC 20436, 
telephone (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 29, 2018, based on a complaint filed on behalf of Bose 
Corporation (``Bose'') of Framingham, Massachusetts. 83 FR 30776 (Jun. 
29, 2018). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 
earpiece devices and components thereof by reason of infringement of 
one or more claims of U.S. Patent Nos.: 9,036,852 (``the '852 
patent''); 9,036,853 (``the '853 patent''); 9,042,590 (``the '590 
patent''); 8,311,253 (``the '253 patent''); 8,249,287 (``the '287 
patent''); and the '364 patent. The complaint further alleges that an 
industry in the United States exists as required by section 337. The 
notice of investigation named fourteen respondents. The Office of 
Unfair Import Investigations was also named as a party in this 
investigation.
    On October 31, 2019, the Commission issued a general exclusion 
order, a limited exclusion order, and cease and desist orders with 
respect to one or more asserted claims of the '852, '853, '590, '287, 
and '253 patents. The investigation was thereby terminated with respect 
to these five patents.
    Also, on the October 31, 2019, the Commission remanded the 
investigation in part to the ALJ for further proceedings with respect 
to the '364 patent. Commissioner Schmidtlein did not join the decision 
to remand the investigation. Instead, she would have affirmed on 
modified grounds the determination that Bose demonstrated the existence 
of a domestic industry under subparagraphs 337(a)(3)(A) and (B) with 
respect to the '364 patent.

[[Page 72383]]

    On November 20, 2019, Bose filed an unopposed motion to terminate 
the investigation based on withdrawal of the complaint with respect to 
the '364 patent.
    On December 2, 2019, the ALJ issued the subject ID (Order No. 20), 
granting Bose's motion to terminate the investigation pursuant to 
Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1). The ALJ found that 
the motion complies with the Commission Rules, and that no 
extraordinary circumstances prohibit the termination of this 
investigation as requested by Bose. See Order No. 20 at 3 (Dec. 2, 
2019).
    No petitions for review were filed. The Commission has determined 
not to review the subject ID. The investigation is terminated in its 
entirety.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: December 23, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-28184 Filed 12-30-19; 8:45 am]
 BILLING CODE 7020-02-P