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)

Page Range		43404-43404
FR Document		2017-19597

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 Issue 178 (Friday, September 15, 2017)

[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

43404 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

INTERNATIONAL TRADE Unfair Import Investigations, U.S. Commission, 500 E Street SW., Suite
COMMISSION International Trade Commission, 401, Washington, DC 20436; and
telephone (202) 205–2560. (3) For the investigation so instituted,
[Investigation No. 337–TA–1071]
SUPPLEMENTARY INFORMATION: the Chief Administrative Law Judge,
Certain Wireless Audio Systems and Authority: The authority for U.S. International Trade Commission,
Components Thereof Institution of institution of this investigation is shall designate the presiding
Investigation contained in section 337 of the Tariff Administrative Law Judge.
Act of 1930, as amended, 19 U.S.C. 1337 Responses to the amended complaint
AGENCY: U.S. International Trade and in section 210.10 of the and the notice of investigation must be
Commission Commission’s Rules of Practice and submitted by the named respondents in
ACTION: Notice. Procedure, 19 CFR 210.10 (2017). accordance with section 210.13 of the
Scope of Investigation: Having Commission’s Rules of Practice and
SUMMARY: Notice is hereby given that a considered the amended complaint, the Procedure, 19 CFR 210.13. Pursuant to
complaint was filed with the U.S. U.S. International Trade Commission, 19 CFR 201.16(e) and 210.13(a), such
International Trade Commission on on September 8, 2017, ordered that— responses will be considered by the
August 10, 2017, under section 337 of (1) Pursuant to subsection (b) of Commission if received not later than 20
the Tariff Act of 1930, as amended, on section 337 of the Tariff Act of 1930, as days after the date of service by the
behalf of Broadcom Limited of San Jose, amended, an investigation be instituted Commission of the amended complaint
California and Avago Technologies to determine whether there is a and the notice of investigation.
General IP (Singapore) Pte. Ltd. of violation of subsection (a)(1)(B) of Extensions of time for submitting
Singapore. An amended complaint was section 337 in the importation into the responses to the amended complaint
filed on August 16, 2017, and United States, the sale for importation, and the notice of investigation will not
supplements to the amended complaint or the sale within the United States after
were filed on August 30, 2017. The be granted unless good cause therefor is
importation of certain wireless audio shown.
amended complaint, as supplemented, systems and components thereof by
alleges violations of section 337 based Failure of a respondent to file a timely
reason of infringement of claim 20 of the response to each allegation in the
upon the importation into the United ’060 patent; and whether an industry in
States, the sale for importation, and the amended complaint and in this notice
the United States exists as required by may be deemed to constitute a waiver of
sale within the United States after subsection (a)(2) of section 337;
importation of certain wireless audio the right to appear and contest the
(2) For the purpose of the allegations of the amended complaint
systems and components thereof by investigation so instituted, the following
reason of infringement of U.S. Patent and this notice, and to authorize the
are hereby named as parties upon which
No. 6,684,060 (‘‘the ’060 patent’’). The administrative law judge and the
this notice of investigation shall be
amended complaint further alleges that Commission, without further notice to
served:
an industry in the United States exists (a) The complainants are: the respondent, to find the facts to be as
as required by the applicable Federal alleged in the amended complaint and
Broadcom Limited, 1320 Ridder Park this notice and to enter an initial
Statute. Drive, San Jose, CA 95131
The complainants request that the determination and a final determination
Avago Technologies General IP
Commission institute an investigation containing such findings, and may
(Singapore) Pte. Ltd., 1 Yinshun
and, after the investigation, issue a result in the issuance of an exclusion
Avenue 7, Singapore, 768923
limited exclusion order and cease and order or a cease and desist order or both
(b) The respondents are the following directed against the respondent.
desist orders. entities alleged to be in violation of
ADDRESSES: The amended complaint, as section 337, and are the parties upon By order of the Commission.
supplemented, except for any which the amended complaint is to be Issued: September 11, 2017.
confidential information contained served: Lisa R. Barton,
therein, is available for inspection DTS, Inc., 5220 Las Virgenes Road, Secretary to the Commission.
during official business hours (8:45 a.m. Calabasas, CA 91302 [FR Doc. 2017–19597 Filed 9–14–17; 8:45 am]
to 5:15 p.m.) in the Office of the Phorus, Inc., 5220 Las Virgenes Road, BILLING CODE 7020–02–P
Secretary, U.S. International Trade Calabasas, CA 91302
Commission, 500 E Street SW., Room MartinLogan, Ltd., 2101 Delaware
112, Washington, DC 20436, telephone Street, Lawrence, KS 66046–3149
(202) 205–2000. Hearing impaired Paradigm Electronics Inc., 205 Annagem DEPARTMENT OF JUSTICE
individuals are advised that information Boulevard, Mississauga, ON L5T 2V1,
on this matter can be obtained by Canada Drug Enforcement Administration
contacting the Commission’s TDD Anthem Electronics, Inc., 205 Annagem
terminal on (202) 205–1810. Persons Boulevard, Mississauga, ON L5T 2V1, [Docket No. DEA–392]
with mobility impairments who will Canada
need special assistance in gaining access Wren Sound Systems, LLC, 169 Importer of Controlled Substances
to the Commission should contact the Gateshead Way, Phoenixville, PA Application: Cerilliant Corporation
Office of the Secretary at (202) 205– 19460
2000. General information concerning McIntosh Laboratory, Inc., 2 Chambers ACTION: Notice of application.
the Commission may also be obtained Street, Binghamton, NY 13903–2699
mstockstill on DSK30JT082PROD with NOTICES

by accessing its internet server at Definitive Technology, 11433 Cronridge DATES: Registered bulk manufacturers of
https://www.usitc.gov. The public Drive, Suite K, Owings Mills, MD the affected basic classes, and
record for this investigation may be 21117 applicants therefore, may file written
viewed on the Commission’s electronic Polk Audio Inc., 1 Viper Way, Vista, CA comments on or objections to the
docket (EDIS) at https://edis.usitc.gov. 92081 issuance of the proposed registration on
FOR FURTHER INFORMATION CONTACT: (c) The Office of Unfair Import or before October 16, 2017. Such
Pathenia M. Proctor, The Office of Investigations, U.S. International Trade persons may also file a written request

VerDate Sep<11>2014 18:16 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1

Document Created: 2017-09-15 00:18:44
Document Modified: 2017-09-15 00:18:44

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 43404