80 FR 53887 - Certain Audio Processing Hardware and Software Products Containing Same; Commission Determination Not To Review an Initial Determination Granting Intervenor Status to Conexant Systems Inc. and Waves Audio, Ltd.

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 173 (September 8, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 15) granting intervenor status to Conexant Systems Inc. and Waves Audio Ltd.

[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53887-53888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22575]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-949]


Certain Audio Processing Hardware and Software Products 
Containing Same; Commission Determination Not To Review an Initial 
Determination Granting Intervenor Status to Conexant Systems Inc. and 
Waves Audio, Ltd.

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. 15) granting intervenor status to Conexant Systems 
Inc. and Waves Audio Ltd.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this

[[Page 53888]]

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 
(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. 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 March 18, 2015, based on a complaint filed by Andrea Electronics 
Corp. of Bohemia, New York (``Andrea''). 80 FR 14159-60 (March 18, 
2015). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), in the importation, sale for 
importation, and sale after importation of audio processing articles 
that infringe five U.S. patents. The notice of investigation named 
numerous respondents, some of whom have been previously terminated. The 
notice also named the Office of Unfair Import Investigations as a 
party.
    On July 2, 2015, Conexant Systems Inc. (``Conexant'') moved to 
obtain intervenor status in the investigation. Conexant argued that, 
because Andrea alleges that Conexant's audio technology contained in 
the respondents' products infringes the asserted patents, Conexant has 
an interest in the subject matter of the investigation. Conexant 
further argues that the respondents do not adequately represent 
Conexant's interests because Andrea has accused the audio technology 
made by multiple companies, so the respondents may not necessarily have 
an interest in defending Conexant's specific audio technology. On July 
14, 2015, Andrea filed a response in opposition to the motion and the 
Commission Investigative Attorney (``IA'') filed a response in support 
of the motion.
    On July 14, 2015, Waves Audio, Ltd. (``Waves Audio'') moved to 
obtain intervenor status in the investigation for substantially the 
same reasons as Conexant. Additionally, Waves Audio argued that it has 
indemnity obligations to the extent that its products are a part of the 
investigation. On July 20, 2015, Andrea filed a response in opposition 
to the motion and the IA filed a response in support of the motion.
    On August 7, 2015, the ALJ issued the subject ID, granting 
intervenor status to Conexant and Waves Audio. The ALJ found that the 
motions complied with 19 CFR 210.19 and Federal Rule of Civil Procedure 
24 because the motions were timely and showed that Conexant and Waves 
Audio had an interest in the subject matter of the investigation that 
was not adequately represented by the existing parties. No petitions 
for review of the subject ID were filed.
    The Commission has determined not to review the subject ID.
    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: September 2, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-22575 Filed 9-4-15; 8:45 am]
 BILLING CODE 7020-02-P