81 FR 8746 - Certain Wireless Headsets; Commission Determination To Grant Joint Motions To Amend the Notice of Investigation and To Terminate the Investigation in Part as to Respondent Aliphcom d/b/a/ Jawbone on the Basis of a Settlement Agreement
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 34 (February 22, 2016)
Federal Register Volume 81, Issue 34 (February 22, 2016)
| Page Range | 8746-8747 | |
| FR Document | 2016-03513 |
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)] [Notices] [Pages 8746-8747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03513] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-943] Certain Wireless Headsets; Commission Determination To Grant Joint Motions To Amend the Notice of Investigation and To Terminate the Investigation in Part as to Respondent Aliphcom d/b/a/ Jawbone on the Basis of a Settlement Agreement AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to grant an amended joint motion to amend the Notice of Investigation to correct the name of respondent Jawbone, Inc. to AliphCom d/b/a/ Jawbone (``AliphCom'') and a joint motion to terminate the above-captioned investigation in part as to respondent AliphCom based upon a settlement agreement. 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. 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 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. 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''); GN Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN Netcom''); and Jawbone, Inc. of San Francisco, California. 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 December 23, 2015, One-E-Way and respondent Jawbone, Inc. (styled in the motion as AliphCom) filed a joint motion to terminate the investigation as to AliphCom based on a settlement agreement pursuant to section 210.21(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.21(b)). One-E-Way and AliphCom additionally requested that service of the unredacted version of the settlement agreements be limited to the Commission investigative attorney (``IA''). On December 24, 2015, the IA filed a response supporting the joint motion and agreeing that restricted service was appropriate. No other party filed a response to the joint motion. On January 12, 2016, One-E-Way and respondent Jawbone, Inc. (styled in the motion as Aliphcom) filed a joint motion to amend the Notice of Investigation to correct the name of respondent Jawbone, Inc. to AliphCom d/b/a/ Jawbone. On January 14, 2016, One-E-Way and Jawbone, Inc. filed an amended joint motion to amend the Notice of Investigation, indicating that the remaining respondents and the IA do not oppose or object to the motion. The Commission has determined to amend the Notice of Investigation as requested and to terminate the [[Page 8747]] investigation as to AliphCom. The Commission finds that the joint motion to terminate complies with the requirements of section 210.21(b)(1) of the Commission's Rules of Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no extraordinary circumstances that would prevent the requested termination. The Commission also finds that granting the motion would not be contrary to the public interest pursuant to section 210.50(b)(2) of the Commission's Rules of Practice and Procedure (19 CFR 210.20(b)(2)). The Commission has also determined to restrict service of the confidential versions of the settlement agreements between One-E-Way and AliphCom to the IA. 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: February 16, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-03513 Filed 2-19-16; 8:45 am] BILLING CODE 7020-02-P
![8746 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
products are imported, and provide INTERNATIONAL TRADE 8,131,391 (‘‘the ’391 patent’’). Id. The
identification information for all known COMMISSION notice of investigation named several
importers of the subject articles. Initial respondents, including Sony
[Investigation No. 337–TA–943]
written submissions and proposed Corporation of Tokyo, Japan; Sony
remedial orders must be filed no later Certain Wireless Headsets; Corporation of America of New York,
than close of business on Tuesday, Commission Determination To Grant New York; and Sony Electronics, Inc. of
March 1, 2016. Initial written Joint Motions To Amend the Notice of San Diego, California (collectively,
submissions by the parties shall be no Investigation and To Terminate the ‘‘Sony’’); Beats Electronics, LLC of
more than 50 pages, excluding any Investigation in Part as to Respondent Culver City, California and Beats
attachments or exhibits. Reply Aliphcom d/b/a/ Jawbone on the Basis Electronics International Ltd. of Dublin,
submissions must be filed no later than of a Settlement Agreement Ireland (collectively, ‘‘Beats’’);
the close of business on Friday, March Sennheiser Electronic GmbH & Co. KG
11, 2016. Reply submissions by the AGENCY: U.S. International Trade of Wedemark, Germany and Sennheiser
parties shall be no more than 30 pages, Commission. Electronic Corporation of Old Lyme,
excluding any attachments or exhibits. ACTION: Notice. Connecticut (collectively,
No further submissions on these issues ‘‘Sennheiser’’); BlueAnt Wireless Pty,
will be permitted unless otherwise SUMMARY: Notice is hereby given that Ltd. of Richmond, Australia and
ordered by the Commission. Persons the U.S. International Trade BlueAnt Wireless, Inc. of Chicago,
filing written submissions must file the Commission has determined to grant an Illinois (collectively, ‘‘BlueAnt’’);
original document electronically on or amended joint motion to amend the Creative Technology Ltd. of Singapore
before the deadlines stated above and Notice of Investigation to correct the and Creative Labs, Inc. of Milpitas,
submit 8 true paper copies to the Office name of respondent Jawbone, Inc. to California (collectively, ‘‘Creative
of the Secretary by noon the next day AliphCom d/b/a/ Jawbone Labs’’); GN Netcom A/S d/b/a Jabra of
pursuant to section 210.4(f) of the (‘‘AliphCom’’) and a joint motion to Ballerup, Denmark (‘‘GN Netcom’’); and
Commission’s Rules of Practice and terminate the above-captioned Jawbone, Inc. of San Francisco,
Procedure (19 CFR 210.4(f)). investigation in part as to respondent California. Id. The Office of Unfair
Submissions should refer to the AliphCom based upon a settlement Import Investigations (OUII) also was
investigation number (‘‘Inv. No. 337– agreement. named as a party to the investigation. Id.
TA–939’’) in a prominent place on the FOR FURTHER INFORMATION CONTACT: The Commission previously terminated
cover page and/or the first page. (See Megan M. Valentine, Office of the the investigation with respect to Beats
Handbook for Electronic Filing General Counsel, U.S. International and Sennheiser. See Notice (Apr. 29,
Procedures, http://www.usitc.gov/ Trade Commission, 500 E Street SW., 2015); Notice (June 11, 2015). The
secretary/fed_reg_notices/rules/ Washington, DC 20436, telephone (202) Commission also previously terminated
handbook_on_electronic_filing.pdf). 708–2301. Copies of non-confidential the investigation with respect to certain
Persons with questions regarding filing documents filed in connection with this claims of the ’258 and ’391 patents. See
should contact the Secretary at (202) investigation are or will be available for Notice (May 26, 2015); Notice (Aug. 26,
205–2000. Any person desiring to inspection during official business 2015).
submit a document to the Commission On December 23, 2015, One-E-Way
hours (8:45 a.m. to 5:15 p.m.) in the
in confidence must request confidential and respondent Jawbone, Inc. (styled in
Office of the Secretary, U.S.
treatment. All such requests should be the motion as AliphCom) filed a joint
International Trade Commission, 500 E
directed to the Secretary to the motion to terminate the investigation as
Street SW., Washington, DC 20436,
Commission and must include a full to AliphCom based on a settlement
telephone (202) 205–2000. General
statement of the reasons why the agreement pursuant to section 210.21(b)
information concerning the Commission of the Commission’s Rules of Practice
Commission should grant such
may also be obtained by accessing its and Procedure (19 CFR 210.21(b)). One-
treatment. See 19 CFR § 201.6.
Internet server at http://www.usitc.gov. E-Way and AliphCom additionally
Documents for which confidential
The public record for this investigation requested that service of the unredacted
treatment by the Commission is
may be viewed on the Commission’s version of the settlement agreements be
properly sought will be treated
electronic docket (EDIS) at http:// limited to the Commission investigative
accordingly. A redacted non-
edis.usitc.gov. Hearing-impaired attorney (‘‘IA’’). On December 24, 2015,
confidential version of the document
persons are advised that information on the IA filed a response supporting the
must also be filed simultaneously with
this matter can be obtained by joint motion and agreeing that restricted
any confidential filing. All
contacting the Commission’s TDD service was appropriate. No other party
nonconfidential written submissions
terminal on (202) 205–1810. filed a response to the joint motion.
will be available for public inspection at
SUPPLEMENTARY INFORMATION: The On January 12, 2016, One-E-Way and
the Office of the Secretary and on EDIS.
The authority for the Commission’s Commission instituted this investigation respondent Jawbone, Inc. (styled in the
determination is contained in section on January 13, 2015, based on a motion as Aliphcom) filed a joint
337 of the Tariff Act of 1930, as complaint filed by One-E-Way, Inc. of motion to amend the Notice of
amended (19 U.S.C. § 1337), and in Part Pasadena, California (‘‘One-E-Way’’). 80 Investigation to correct the name of
210 of the Commission’s Rules of FR 1663 (Jan. 13, 2015). The complaint respondent Jawbone, Inc. to AliphCom
Practice and Procedure (19 CFR part alleges violations of section 337 of the d/b/a/ Jawbone. On January 14, 2016,
mstockstill on DSK4VPTVN1PROD with NOTICES
210). Tariff Act of 1930, as amended, 19 One-E-Way and Jawbone, Inc. filed an
U.S.C. 1337, in the importation into the amended joint motion to amend the
By order of the Commission.
United States, the sale for importation, Notice of Investigation, indicating that
Issued: February 16, 2016. and the sale within the United States the remaining respondents and the IA
Lisa R. Barton, after importation of certain wireless do not oppose or object to the motion.
Secretary to the Commission. headsets by reason of infringement of The Commission has determined to
[FR Doc. 2016–03537 Filed 2–19–16; 8:45 am] certain claims of U.S. Patent Nos. amend the Notice of Investigation as
BILLING CODE 7020–02–P 7,865,258 (‘‘the ’258 patent’’) and requested and to terminate the
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![Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices 8747
investigation as to AliphCom. The Street SW., Washington, DC 20436, its licensees, or third parties make in the
Commission finds that the joint motion telephone (202) 205–2737. Copies of United States which could replace the
to terminate complies with the non-confidential documents filed in subject articles if they were to be
requirements of section 210.21(b)(1) of connection with this investigation are or excluded;
the Commission’s Rules of Practice and will be available for inspection during (iv) indicate whether complainant,
Procedure (19 CFR 210.21(b)(1)), and official business hours (8:45 a.m. to 5:15 complainant’s licensees, and/or third
that there are no extraordinary p.m.) in the Office of the Secretary, U.S. party suppliers have the capacity to
circumstances that would prevent the International Trade Commission, 500 E replace the volume of articles
requested termination. The Commission Street SW., Washington, DC 20436, potentially subject to the recommended
also finds that granting the motion telephone (202) 205–2000. General exclusion order and/or a cease and
would not be contrary to the public information concerning the Commission desist order within a commercially
interest pursuant to section 210.50(b)(2) may also be obtained by accessing its reasonable time; and
of the Commission’s Rules of Practice Internet server at http://www.usitc.gov. (v) explain how the limited exclusion
and Procedure (19 CFR 210.20(b)(2)). The public record for this investigation order and/or cease and desist order
The Commission has also determined to may be viewed on the Commission’s would impact consumers in the United
restrict service of the confidential electronic docket (EDIS) at http:// States.
versions of the settlement agreements edis.usitc.gov. Hearing-impaired Written submissions must be filed no
between One-E-Way and AliphCom to persons are advised that information on later than by close of business on March
the IA. this matter can be obtained by 21, 2016.
The authority for the Commission’s contacting the Commission’s TDD Persons filing written submissions
determination is contained in section terminal on (202) 205–1810. must file the original document
337 of the Tariff Act of 1930, as SUPPLEMENTARY INFORMATION: Section electronically on or before the deadlines
amended (19 U.S.C. 1337), and in Part 337 of the Tariff Act of 1930 provides stated above and submit 8 true paper
210 of the Commission’s Rules of that if the Commission finds a violation copies to the Office of the Secretary by
Practice and Procedure (19 CFR part it shall exclude the articles concerned noon the next day pursuant to section
210). from the United States: 210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
By order of the Commission. unless, after considering the effect of such
exclusion upon the public health and 210.4(f)). Submissions should refer to
Issued: February 16, 2016. the investigation number (‘‘Inv. No.
welfare, competitive conditions in the United
Lisa R. Barton, States economy, the production of like or 944’’) in a prominent place on the cover
Secretary to the Commission. directly competitive articles in the United page and/or the first page. (See
[FR Doc. 2016–03513 Filed 2–19–16; 8:45 am] States, and United States consumers, it finds Handbook for Electronic Filing
BILLING CODE 7020–02–P that such articles should not be excluded Procedures, http://www.usitc.gov/
from entry. secretary/fed_reg_notices/rules/
19 U.S.C. 1337(d)(1). A similar handbook_on_electronic_filing.pdf).
INTERNATIONAL TRADE provision applies to cease and desist Persons with questions regarding filing
COMMISSION orders. 19 U.S.C. 1337(f)(1). should contact the Secretary (202–205–
The Commission is interested in 2000).
[Investigation No. 337–TA–944]
further development of the record on Any person desiring to submit a
Certain Network Devices, Related the public interest in these document to the Commission in
Software and Components Thereof (I); investigations. Accordingly, members of confidence must request confidential
Notice of Request for Statements on the public are invited to file treatment. All such requests should be
the Public Interest submissions of no more than five (5) directed to the Secretary to the
pages, inclusive of attachments, Commission and must include a full
AGENCY: U.S. International Trade concerning the public interest in light of statement of the reasons why the
Commission. the administrative law judge’s Commission should grant such
ACTION: Notice. Recommended Determination on treatment. See 19 CFR 201.6. Documents
Remedy and Bonding issued in this for which confidential treatment by the
SUMMARY: Notice is hereby given that investigation on February 11, 2016. Commission is properly sought will be
the presiding administrative law judge Comments should address whether treated accordingly. A redacted non-
has issued a Recommended issuance of a limited exclusion order confidential version of the document
Determination on Remedy and Bonding and/or a cease a desist order in this must also be filed simultaneously with
in the above-captioned investigation. investigation would affect the public the any confidential filing. All non-
The Commission is soliciting comments health and welfare in the United States, confidential written submissions will be
on public interest issues raised by the competitive conditions in the United available for public inspection at the
recommended relief, specifically a States economy, the production of like Office of the Secretary and on EDIS.
limited exclusion order and a cease and or directly competitive articles in the This action is taken under the
desist order for certain network devices, United States, or United States authority of section 337 of the Tariff Act
related software and components consumers. of 1930, as amended (19 U.S.C. 1337),
thereof, imported by named respondent In particular, the Commission is and of sections 201.10 and 210.50 of the
Arista Networks, Inc. This notice is interested in comments that: Commission’s Rules of Practice and
soliciting public interest comments from
mstockstill on DSK4VPTVN1PROD with NOTICES
(i) Explain how the articles Procedure (19 CFR 201.10, 210.50).
the public only. Parties are to file public potentially subject to the recommended
interest submissions pursuant to 19 CFR By order of the Commission.
orders are used in the United States;
210.50(a)(4). Issued: February 16, 2016.
(ii) identify any public health, safety,
FOR FURTHER INFORMATION CONTACT: or welfare concerns in the United States Lisa R. Barton,
Amanda Pitcher Fisherow, Esq., Office relating to the recommended orders; Secretary to the Commission.
of the General Counsel, U.S. (iii) identify like or directly [FR Doc. 2016–03497 Filed 2–19–16; 8:45 am]
International Trade Commission, 500 E competitive articles that complainant, BILLING CODE 7020–02–P
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Document Created: 2016-02-19 23:57:15
Document Modified: 2016-02-19 23:57:15
| 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 at 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 | 81 FR 8746 |
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