82 FR 43404 - Certain Wireless Audio Systems and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 178 (September 15, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 10, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Broadcom Limited of San Jose, California and Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore. An amended complaint was filed on August 16, 2017, and supplements to the amended complaint were filed on August 30, 2017. The amended complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless audio systems and components thereof by reason of infringement of U.S. Patent No. 6,684,060 (``the '060 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Page 43404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19597]



[[Page 43404]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1071]


Certain Wireless Audio Systems and Components Thereof Institution 
of Investigation

AGENCY: U.S. International Trade Commission

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 10, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Broadcom 
Limited of San Jose, California and Avago Technologies General IP 
(Singapore) Pte. Ltd. of Singapore. An amended complaint was filed on 
August 16, 2017, and supplements to the amended complaint were filed on 
August 30, 2017. The amended complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain wireless audio systems and components 
thereof by reason of infringement of U.S. Patent No. 6,684,060 (``the 
'060 patent''). The amended complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended complaint, as supplemented, except for any 
confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing 
impaired individuals are advised that information on this matter can be 
obtained by contacting the Commission's TDD terminal on (202) 205-1810. 
Persons with mobility impairments who will need special assistance in 
gaining access to the Commission should contact the Office of the 
Secretary at (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its internet server at 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on September 8, 2017, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain wireless 
audio systems and components thereof by reason of infringement of claim 
20 of the '060 patent; and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Broadcom Limited, 1320 Ridder Park Drive, San Jose, CA 95131
Avago Technologies General IP (Singapore) Pte. Ltd., 1 Yinshun Avenue 
7, Singapore, 768923

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302
Phorus, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302
MartinLogan, Ltd., 2101 Delaware Street, Lawrence, KS 66046-3149
Paradigm Electronics Inc., 205 Annagem Boulevard, Mississauga, ON L5T 
2V1, Canada
Anthem Electronics, Inc., 205 Annagem Boulevard, Mississauga, ON L5T 
2V1, Canada
Wren Sound Systems, LLC, 169 Gateshead Way, Phoenixville, PA 19460
McIntosh Laboratory, Inc., 2 Chambers Street, Binghamton, NY 13903-2699
Definitive Technology, 11433 Cronridge Drive, Suite K, Owings Mills, MD 
21117
Polk Audio Inc., 1 Viper Way, Vista, CA 92081

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will 
be considered by the Commission if received not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

     Issued: September 11, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-19597 Filed 9-14-17; 8:45 am]
 BILLING CODE 7020-02-P