[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50647-50648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17660]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1121 (Advisory Opinion Proceeding)]


Certain Earpiece Devices and Components Thereof; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting a Joint Motion To Terminate the Advisory Opinion Proceeding 
Based on Settlement; Termination of the Advisory Opinion Proceeding

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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 6), 
granting a joint motion to terminate the advisory opinion proceeding 
based on settlement. The advisory opinion proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, 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 may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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 the original 
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 alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 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''); 8,249,287 
(``the '287 patent''); 8,311,253 (``the '253 patent''); and 9,398,364 
(``the '364 patent''). The notice of investigation named fourteen 
respondents. The Office of Unfair Import Investigations was also named 
as a party in the original investigation.
    On October 31, 2019, the Commission issued a general exclusion 
order (``GEO''), a limited exclusion order (``LEO''), and cease and 
desist orders with respect to certain claims of the asserted patents 
other than the '364 patent. 84 FR 59838-840 (Nov. 6, 2019). The GEO 
prohibits the unlicensed importation of certain earpiece devices and 
components thereof that infringe claims 1 and 7 the '852 patent; claims 
1 and 8 of the '853 patent; claims 1 and 6 of the '590 patent; and 
claims 1, 7, and 8 of the '287 patent. The LEO covers the '253 patent. 
The Commission also imposed a bond in the amount of one hundred percent 
(100%) of the entered value of the imported articles during the period 
of Presidential review. The Commission remanded certain issues to the 
ALJ and thereafter the '364 patent was withdrawn from the investigation 
and the investigation was terminated in its entirety. 84 FR 72382-383 
(Dec. 31, 2019).
    On February 4, 2022, Fantasia Trading, LLC (``Fantasia''), the 
importer of record, filed a request for an advisory opinion that 
Anker's Soundcore Liberty 2 Pro (``A3909''), Soundcore Liberty Neo 
(``A3911''), and Soundcore Life Dot 2 (``A3922'') products 
(collectively, the ``Anker Earphones'') do not infringe claims 1 and 7 
of the '852 patent; claims 1 and 8 of the '853 patent; claims 1 and 6 
of the '590 patent; and claims 1, 7, and 8 of the '287 patent, and thus 
are not covered by the GEO issued in this investigation.
    On March 8, 2022, the Commission determined to institute an 
advisory opinion proceeding under Commission Rule 210.79 to ascertain 
whether the Anker Earphones infringe claims 1 and 7 of the '852 patent; 
claims 1 and 8 of the '853 patent; claims 1 and 6 of the '590 patent; 
and claims 1, 7, and 8 of the '287 patent, and are covered by the GEO 
issued in this investigation. 87 FR 14287 (Mar. 14, 2022). The 
Commission further determined to refer the matter to the Chief ALJ for 
assignment to an ALJ for appropriate proceedings and to issue an 
initial advisory opinion (``IAO'') at the earliest practicable time, 
preferably within 120 days of institution, but no later than 7 months 
after institution. The ALJ was directed to set a target date at two 
months following the date of issuance of the IAO. The following 
entities were named as parties to the proceeding: (1) Bose; and (2) 
Fantasia.
    On July 1, 2022, Fantasia and Bose filed a joint motion to 
terminate the advisory opinion proceeding based on a settlement 
agreement. ID at 1. The joint motion attached redacted public and 
confidential versions of the settlement agreement. Id. at 3.
    On July 14, 2022, the ALJ issued the subject ID (Order No. 6), 
granting the joint motion to terminate the advisory opinion proceeding. 
The ID found that the motion to terminate complies with Commission Rule 
210.21(a), 19 CFR 210.21(a), and there is no evidence that terminating 
this investigation based on the settlement agreement would be contrary 
to the public interest. Id. at 2-4. No petition for review of the ID 
was filed.
    The Commission has determined not to review the subject ID. The 
advisory opinion proceeding is terminated.

[[Page 50648]]

    The Commission vote for this determination took place on August 11, 
2022.
    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: August 11, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17660 Filed 8-16-22; 8:45 am]
BILLING CODE 7020-02-P