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)

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.

[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]


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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.

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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