80 FR 76038 - Certain Wireless Headsets; Commission Determination To Review an Initial Determination Granting Respondents' Motion for Summary Determination of Patent Invalidity Due to Indefiniteness
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 234 (December 7, 2015)
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 76038-76040 | |
| FR Document | 2015-30734 |
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)] [Notices] [Pages 76038-76040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30734] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-943] Certain Wireless Headsets; Commission Determination To Review an Initial Determination Granting Respondents' Motion for Summary Determination of Patent Invalidity Due to Indefiniteness AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review an initial determination (``ID'') (Order No. 17) granting respondents' motion for summary determination of patent invalidity due to indefiniteness. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2301. 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. [[Page 76039]] 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 January 13, 2015, based on a complaint filed by One-E-Way, Inc. of Pasadena, California (``One-E-Way''). 80 FR 1663 (Jan. 13, 2015). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, in 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 Nos. 7,865,258 (``the '258 patent'') and 8,131,391 (``the '391 patent''). Id. The notice of investigation named several respondents, including Sony Corporation of Tokyo, Japan; Sony Corporation of America of New York, New York; and Sony Electronics, Inc. of San Diego, California (collectively, ``Sony''); Beats Electronics, LLC of Culver City, California and Beats Electronics International Ltd. of Dublin, Ireland (collectively, ``Beats''); Sennheiser Electronic GmbH & Co. KG of Wedemark, Germany and Sennheiser Electronic Corporation of Old Lyme, Connecticut (collectively, ``Sennheiser''); BlueAnt Wireless Pty, Ltd. of Richmond, Australia and BlueAnt Wireless, Inc. of Chicago, Illinois (collectively, ``BlueAnt''); Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California (collectively, ``Creative Labs''); and GN Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN Netcom''). Id. The Office of Unfair Import Investigations (OUII) also was named as a party to the investigation. Id. The Commission previously terminated the investigation with respect to Beats and Sennheiser. See Notice (Apr. 29, 2015); Notice (June 11, 2015). The Commission also previously terminated the investigation with respect to certain claims of the '258 and '391 patents. See Notice (May 26, 2015); Notice (Aug. 26, 2015). On August 10, 2015, respondents Sony, BlueAnt, Creative Labs, and GN Netcom (collectively, ``Respondents'') filed a motion for summary determination that asserted claim 8 of the '258 patent and asserted claims 1, 3-6, and 10 of the '391 patent are invalid as indefinite under 35 U.S.C. 112, ] 2. On August 20, 2015, the Commission investigative attorney (``IA'') filed a response in support of the motion. Also on August 20, 2015, One-E-Way filed an opposition to the motion. On August 27, 2015, Respondents moved for leave to file a reply to One-E-Way's opposition, which the presiding administrative law judge (``ALJ'') granted that same day. See Order No. 16 (Aug. 27, 2015). On September 21, 2015, the ALJ issued the subject initial determination (``ID''), granting Respondents' motion for summary determination that all of the asserted claims of the '258 and '391 patents are invalid as indefinite under 35 U.S.C. 112, ] 2 and terminating the investigation with a finding of no violation of section 337. On October 2, 2015, One-E-Way filed a petition for review of the subject ID. On October 9, 2015, Respondents and the IA each filed responses to the petition. Having examined the record of this investigation, including the subject ID, the petitions for review, and the responses thereto, the Commission has determined to review the subject ID. In connection with its review, the Commission requests responses to the following questions: 1. Please point to the specific areas in the record where the putative indefiniteness of the clause ``virtually free from interference'' was a significant topic of substantive discussion among the parties and the ALJ. 2. Please explain how the clause ``virtually free from interference'' is material to a position any party has taken in this Investigation with respect to validity under 35 U.S.C. 102, 103, or 112(a) (formerly 112 ]1), or infringement under section 271. Please provide citations to specific areas in the record (including document name and page number) in which this materiality was raised or discussed. 3. Please explain how the materiality discussed in Q2 turns on the degree of freedom from interference. Please provide citations to specific areas in the record (including document name and page number) in which this turning was raised or discussed. 4. Please explain in detail what lead to the difference in outcomes on the issue of indefiniteness under 35 U.S.C. 112(b) (formerly 112 ]2) of the Federal Circuit decisions in Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364, 1369-74 (Fed. Cir. 2014) and DDR Holdings LLC v. Hotelscom LP, 773 F.3d 1245, 1260-61 (Fed. Cir. 2014). In these two cases, to what extent did the indefiniteness determinations turn on the materiality of the potentially indefinite clauses to other arguments that had been raised in those cases regarding validity under 35 U.S.C. 102, 103, or 112(a) (formerly 112 ]1), or infringement under section 271? Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. The written submissions must be filed no later than close of business on December 11, 2015. Initial submissions are limited to 30 pages. Reply submissions must be filed no later than the close of business on December 18, 2015. Reply submissions are limited to 15 pages. The parties may not incorporate by reference their prior filings before the ALJ or the Commission. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (``Inv. No. 337-TA-943'') in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202-205-2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 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). [[Page 76040]] By order of the Commission. Issued: December 1, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-30734 Filed 12-4-15; 8:45 am] BILLING CODE 7020-02-P
![76038 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
individual covered by the system, or the Identification Number, vendor code or meet the requirements of 43 CFR 2.60,
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indicates a violation or potential addressing the security requirements of writing, signed by the requester, and
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is compatible with the purpose for and with Office of Management and REQUEST FOR ACCESS prominently
which the records were compiled. Budget, and NIST. Further, agency on the envelope and the front of the
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CONTESTING RECORDS PROCEDURES:
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related to reconciling or reconstructing systems are maintained in locked rooms A petition for amendment should be
data files or to enable that agency to housed within secure USIBWC addressed to the System Manager. The
respond to an inquiry by the individual buildings. request must be in writing, signed by
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(7) To Federal, state, territorial, local, records are maintained in conformity requirements of 43 CFR 2.71, which
tribal or foreign agencies that have with Office of Management and Budget include stating the reasons why the
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license, contract, grant or other benefit, through user identification, passwords, from FPPS and FFS.
when the disclosure is compatible with database permissions, encryption and
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compiled. measures establish different degrees of None.
(8) To representatives of the National access for different types of users. An [FR Doc. 2015–29531 Filed 12–4–15; 8:45 am]
Archives and Records Administration to audit trail is maintained and reviewed
BILLING CODE P
conduct records management periodically to identify unauthorized
inspections under the authority of 44 access. A Privacy Impact Assessment
U.S.C. 2904 and 2906. was completed to ensure that Privacy
(9) To state and local governments Act requirements and personally INTERNATIONAL TRADE
and tribal organizations to provide identifiable information safeguard COMMISSION
information needed in response to court requirements are met. [Investigation No. 337–TA–943]
order and/or for discovery purposes (3) Administrative Security: All
related to litigation, when the disclosure USIBWC and contractor employees with Certain Wireless Headsets;
is compatible with the purpose for access to Datamart are required to Commission Determination To Review
which the records were compiled. complete Privacy Act, Federal Records an Initial Determination Granting
(10) To an expert, consultant or Act and IT Security Awareness training Respondents’ Motion for Summary
contractor (including employees of the prior to being given access to the Determination of Patent Invalidity Due
contractor) of DOI that performs services system, and on an annual basis to Indefiniteness
requiring access to these records on thereafter. In addition, Federal AGENCY: U.S. International Trade
DOI’s behalf to carry out the purposes employees supervise and monitor the Commission.
of the system. use of Datamart.
ACTION: Notice.
POLICIES AND PRACTICES FOR STORING, RETENTION AND DISPOSAL:
RETRIEVING, ACCESSING, RETAINING, AND SUMMARY: Notice is hereby given that
DISPOSING OF RECORDS IN THE SYSTEM:
Records contained in this system are the U.S. International Trade
documented as items 1400 and 7554 of Commission has determined to review
STORAGE: the Department of the Interior, Office of an initial determination (‘‘ID’’) (Order
Records maintained in the Datamart the Secretary’s pending records No. 17) granting respondents’ motion for
are electronic and contain information schedule. summary determination of patent
from source systems. They are stored in
SYSTEM MANAGER AND ADDRESS: invalidity due to indefiniteness.
magnetic media at the central computer
processing center. All NIST guidelines, Chief, Applications Management and FOR FURTHER INFORMATION CONTACT:
as well as Departmental and OMB Technical Services Branch, Interior Megan M. Valentine, Office of the
guidance are followed concerning the Business Center, U.S. Department of the General Counsel, U.S. International
mstockstill on DSK4VPTVN1PROD with NOTICES
storage of the records. Interior, 7301 West Mansfield Avenue, Trade Commission, 500 E Street SW.,
Denver, CO 80235–2230. Washington, DC 20436, telephone 202–
RETRIEVABILITY: 708–2301. Copies of non-confidential
Records may be retrieved by entries NOTIFICATION PROCEDURES: documents filed in connection with this
reflecting the various categories of Inquiries regarding the existence of investigation are or will be available for
records in the system including name of records should be addressed to the inspection during official business
individual, name of emergency contact, System Manager. The request must be in hours (8:45 a.m. to 5:15 p.m.) in the
Social Security Number, Tax writing, signed by the requester, and Office of the Secretary, U.S.
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![76040 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
By order of the Commission. for this investigation may be viewed on Commission’s Rules of Practice and
Issued: December 1, 2015. the Commission’s electronic docket Procedure, 19 CFR 210.13. Pursuant to
Lisa R. Barton, (EDIS) at http://edis.usitc.gov. 19 CFR 201.16(e) and 210.13(a), such
Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: The responses will be considered by the
[FR Doc. 2015–30734 Filed 12–4–15; 8:45 am] Office of Unfair Import Investigations, Commission if received not later than 20
BILLING CODE 7020–02–P U.S. International Trade Commission, days after the date of service by the
telephone (202) 205–2560. Commission of the complaint and the
Authority: The authority for notice of investigation. Extensions of
INTERNATIONAL TRADE institution of this investigation is time for submitting responses to the
COMMISSION contained in section 337 of the Tariff complaint and the notice of
Act of 1930, as amended, and in section investigation will not be granted unless
[Investigation No. 337–TA–973] good cause therefor is shown.
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10 Failure of a respondent to file a timely
Certain Wearable Activity Tracking
(2015). response to each allegation in the
Devices, Systems, and Components
Scope of Investigation: Having complaint and in this notice may be
Thereof; Institution of Investigation
considered the complaint, the U.S. deemed to constitute a waiver of the
AGENCY: U.S. International Trade International Trade Commission, on right to appear and contest the
Commission. December 1, 2015, ordered that— allegations of the complaint and this
ACTION: Notice. (1) Pursuant to subsection (b) of notice, and to authorize the
section 337 of the Tariff Act of 1930, as administrative law judge and the
SUMMARY: Notice is hereby given that a amended, an investigation be instituted Commission, without further notice to
complaint was filed with the U.S. to determine whether there is a the respondent, to find the facts to be as
International Trade Commission on violation of subsection (a)(1)(B) of alleged in the complaint and this notice
November 2, 2015, under section 337 of section 337 in the importation into the and to enter an initial determination
the Tariff Act of 1930, as amended, 19 United States, the sale for importation, and a final determination containing
U.S.C. 1337, on behalf of Fitbit, Inc. of or the sale within the United States after such findings, and may result in the
San Francisco, California. The importation of certain wearable activity issuance of an exclusion order or a cease
complaint alleges violations of section tracking devices, systems, and and desist order or both directed against
337 based upon the importation into the components thereof by reason of the respondent.
United States, the sale for importation, infringement of one or more of claims 1, By order of the Commission.
and the sale within the United States 4, 5, and 13–17 of the ’332 patent; Issued: December 1, 2015.
after importation of certain wearable claims 1–4, 7–11, 16, 25, 27, and 28 of Lisa R. Barton,
activity tracking devices, systems, and the ’377 patent; claims 1–15 and 18–21
Secretary to the Commission.
components thereof by reason of of the ’760 patent, and whether an
infringement of certain claims of U.S. [FR Doc. 2015–30732 Filed 12–4–15; 8:45 am]
industry in the United States exists as
Patent No. 8,920,332 (‘‘the ’332 patent’’); required by subsection (a)(2) of section BILLING CODE 7020–02–P
U.S. Patent No. 8,868,377 (‘‘the ’377 337;
patent’’); and U.S. Patent No. 9,089,760 (2) For the purpose of the
(‘‘the ’760 patent’’). The complaint investigation so instituted, the following INTERNATIONAL TRADE
further alleges that an industry in the are hereby named as parties upon which COMMISSION
United States exists as required by this notice of investigation shall be [Investigation No. 337–TA–921]
subsection (a)(2) of section 337. served:
The complainant requests that the (a) The complainant is: Fitbit, Inc., Certain Marine Sonar Imaging Devices,
Commission institute an investigation 405 Howard Street, San Francisco, CA Including Downscan and Sidescan
and, after the investigation, issue a 94105. Devices, Products Containing the
limited exclusion order and cease and (b) The respondents are the following Same, and Components Thereof;
desist orders. entities alleged to be in violation of Commission’s Final Determination
ADDRESSES: The complaint, except for section 337, and are the parties upon Finding a Violation of Section 337;
any confidential information contained which the complaint is to be served: Issuance of a Limited Exclusion Order
therein, is available for inspection AliphCom d/b/a Jawbone, 99 Rhode and a Cease and Desist Order;
during official business hours (8:45 a.m. Island Street, 3rd Floor, San Termination of the Investigation
to 5:15 p.m.) in the Office of the Francisco, CA 94103. AGENCY: U.S. International Trade
Secretary, U.S. International Trade BodyMedia, Inc., Union Trust Building, Commission.
Commission, 500 E Street SW., Room 501 Grant Street, Suite 1075, ACTION: Notice.
112, Washington, DC 20436, telephone Pittsburgh, PA 15219.
(202) 205–2000. Hearing impaired (c) The Office of Unfair Import SUMMARY: Notice is hereby given that
individuals are advised that information Investigations, U.S. International Trade the U.S. International Trade
on this matter can be obtained by Commission, 500 E Street SW., Suite Commission has found a violation of
contacting the Commission’s TDD 401, Washington, DC 20436; and section 337 of the Tariff Act of 1930, as
terminal on (202) 205–1810. Persons (3) For the investigation so instituted, amended, 19 U.S.C. 1337, in this
mstockstill on DSK4VPTVN1PROD with NOTICES
with mobility impairments who will the Chief Administrative Law Judge, investigation and has issued a limited
need special assistance in gaining access U.S. International Trade Commission, exclusion order prohibiting respondents
to the Commission should contact the shall designate the presiding Garmin International, Inc. and Garmin
Office of the Secretary at (202) 205– Administrative Law Judge. USA, Inc., both of Olathe, Kansas, and
2000. General information concerning Responses to the complaint and the Garmin (Asia) Corporation of New
the Commission may also be obtained notice of investigation must be Taipei City, Taiwan (collectively,
by accessing its Internet server at submitted by the named respondents in ‘‘Garmin’’), from importing certain
http://www.usitc.gov. The public record accordance with section 210.13 of the marine sonar imaging devices, including
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Document Created: 2015-12-14 13:31:14
Document Modified: 2015-12-14 13:31:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2301. 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 (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. | |
| FR Citation | 80 FR 76038 |
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