83 FR 42689 - Certain Wireless Headsets; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation as to Respondent GN Netcom A/S Based on a Settlement Agreement; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 164 (August 23, 2018)

Page Range		42689-42689
FR Document		2018-18154

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 29) granting a joint motion to terminate the above- captioned remand investigation as to the last-remaining respondent, GN Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN''), based on a settlement agreement. The investigation is terminated in its entirety.

Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)

[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Page 42689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18154]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-943 (Remand)]


Certain Wireless Headsets; Commission Determination Not To Review 
an Initial Determination Granting a Joint Motion To Terminate the 
Investigation as to Respondent GN Netcom A/S Based on a Settlement 
Agreement; Termination of the Investigation

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 not to review an initial determination 
(``ID'') (Order No. 29) granting a joint motion to terminate the above-
captioned remand investigation as to the last-remaining respondent, GN 
Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN''), based on a 
settlement agreement. The investigation is terminated in its entirety.

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 (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. 
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 GN Netcom A/S d/b/a Jabra of Ballerup 
(``GN''), Denmark; 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''); Sony 
Corporation of Tokyo, Japan, Sony Corporation of America of New York, 
New York, and Sony Electronics, Inc. of San Diego, California 
(collectively, ``Sony''). Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to the 
investigation. Id. The Commission also previously terminated other 
respondents prior to the original termination of the investigation. See 
Notice (Apr. 20, 2015); Notice (June 11, 2015).
    On September 21, 2015, the ALJ issued Order No. 17, granting 
Respondents' motion for summary determination that the asserted claims 
of the '258 and '391 patents are invalid as indefinite under 35 U.S.C. 
112, ] 2 and terminated the investigation with a finding of no 
violation of section 337. Order No. 17 (Sept. 21, 2015). On May 12, 
2016, the Commission affirmed the ID with modification. 81 FR 31257 
(May 18, 2016). Thereafter, One-E-Way filed a notice of appeal in the 
U.S. Court of Appeals for the Federal Circuit (Appeal No. 2016-2105).
    On June 12, 2017, the Court reversed the Commission's summary 
determination that the asserted claims are invalid as indefinite under 
Sec.  112, ] 2 and remanded the investigation to the Commission for 
further proceedings. One-E-Way, Inc. v. ITC, 859 F.3d 1059 (Fed. Cir. 
2017). On October 13, 2016, the Commission remanded the investigation 
to the ALJ for further proceedings consistent with the Court's 
decision. Order (Oct. 13, 2016). OUII is not participating in the 
remand proceedings. The Commission previously terminated Sony, 
Creative, and BlueAnt from the remand investigation. Order 24 (Feb. 26, 
2018) (unreviewed Notice (Mar. 20, 2018)); Order No. 25 (June 26, 2018) 
(unreviewed Notice (July 17, 2018)); Order No. 28 (Aug. 1, 2018) 
(unreviewed Notice (Aug. 15, 2018)).
    On August 2, 2018, One-E-Way and GN filed a joint motion to 
terminate the remand investigation as to GN based upon a settlement and 
license agreement. The motion was unopposed, and no responses to the 
motion were filed.
    On August 6, 2018, the ALJ issued the subject ID pursuant to 
Commission Rule 210.21(b) (19 CFR 210.21(b)), granting the joint motion 
to terminate GN based on a settlement and license agreement. The ID 
finds that the settlement agreement is consistent with the requirements 
of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)). The ID also 
finds, pursuant to Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), 
that the requested termination does not impose any undue burdens on the 
public health and welfare, competitive conditions in the United States 
economy, production of like or directly competitive articles in the 
United States, or United States consumers. No petitions for review were 
filed.
    The Commission has determined not to review the subject ID. As GN 
is the last remaining respondent, the termination of GN also terminates 
the remand investigation in its entirety.
    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: August 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18154 Filed 8-22-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices 42689

the request to Dr. Margaret Mericle, information concerning the Commission 2 and remanded the investigation to the
Fresno City College of The State Center may also be obtained by accessing its Commission for further proceedings.
Community College District, 1101 East internet server (https://www.usitc.gov). One-E-Way, Inc. v. ITC, 859 F.3d 1059
University Avenue, Fresno, CA 93741, The public record for this investigation (Fed. Cir. 2017). On October 13, 2016,
telephone (559) 442–8210, email may be viewed on the Commission’s the Commission remanded the
peg.mericle@fresnocitycollege.edu, by electronic docket (EDIS) at https:// investigation to the ALJ for further
September 24, 2018. After that date, if edis.usitc.gov. Hearing-impaired proceedings consistent with the Court’s
no additional requestors have come persons are advised that information on decision. Order (Oct. 13, 2016). OUII is
forward, transfer of control of the this matter can be obtained by not participating in the remand
human remains and associated funerary contacting the Commission’s TDD proceedings. The Commission
objects to the Santa Rosa Indian terminal on 202–205–1810. previously terminated Sony, Creative,
Community of the Santa Rosa SUPPLEMENTARY INFORMATION: The and BlueAnt from the remand
Rancheria, California may proceed. Commission instituted this investigation
The State Center Community College investigation. Order 24 (Feb. 26, 2018)
on January 13, 2015, based on a (unreviewed Notice (Mar. 20, 2018));
District—Fresno City College is complaint filed by One-E-Way, Inc. of
responsible for notifying The Consulted Order No. 25 (June 26, 2018)
Pasadena, California (‘‘One-E-Way’’). 80 (unreviewed Notice (July 17, 2018));
and Notified Tribes that this notice has FR 1663 (Jan. 13, 2015). The complaint
been published. Order No. 28 (Aug. 1, 2018)
alleges violations of section 337 of the
(unreviewed Notice (Aug. 15, 2018)).
Dated: July 17, 2018. Tariff Act of 1930, as amended, 19
Melanie O’Brien, U.S.C. 1337, in the importation into the On August 2, 2018, One-E-Way and
Manager, National NAGPRA Program. United States, the sale for importation, GN filed a joint motion to terminate the
[FR Doc. 2018–18201 Filed 8–22–18; 8:45 am] and the sale within the United States remand investigation as to GN based
BILLING CODE 4312–52–P
after importation of certain wireless upon a settlement and license
headsets by reason of infringement of agreement. The motion was unopposed,
certain claims of U.S. Patent Nos. and no responses to the motion were
INTERNATIONAL TRADE 7,865,258 (‘‘the ’258 patent’’) and filed.
COMMISSION 8,131,391 (‘‘the ’391 patent’’). Id. The On August 6, 2018, the ALJ issued the
notice of investigation named several subject ID pursuant to Commission Rule
[Investigation No. 337–TA–943 (Remand)] respondents, including GN Netcom A/S 210.21(b) (19 CFR 210.21(b)), granting
d/b/a Jabra of Ballerup (‘‘GN’’),
Certain Wireless Headsets; the joint motion to terminate GN based
Denmark; BlueAnt Wireless Pty, Ltd. of
Commission Determination Not To on a settlement and license agreement.
Richmond, Australia and BlueAnt
Review an Initial Determination Wireless, Inc. of Chicago, Illinois The ID finds that the settlement
Granting a Joint Motion To Terminate (collectively, ‘‘BlueAnt’’); Creative agreement is consistent with the
the Investigation as to Respondent GN Technology Ltd. of Singapore and requirements of Commission Rule
Netcom A/S Based on a Settlement Creative Labs, Inc. of Milpitas, 210.21(b)(1) (19 CFR 210.21(b)(1)). The
Agreement; Termination of the California (collectively, ‘‘Creative’’); ID also finds, pursuant to Commission
Investigation Sony Corporation of Tokyo, Japan, Sony Rule 210.50(b)(2) (19 CFR 210.50(b)(2)),
AGENCY: U.S. International Trade Corporation of America of New York, that the requested termination does not
Commission. New York, and Sony Electronics, Inc. of impose any undue burdens on the
ACTION: Notice. San Diego, California (collectively, public health and welfare, competitive
‘‘Sony’’). Id. The Office of Unfair Import conditions in the United States
SUMMARY: Notice is hereby given that Investigations (‘‘OUII’’) was also named economy, production of like or directly
the U.S. International Trade as a party to the investigation. Id. The competitive articles in the United
Commission has determined not to Commission also previously terminated States, or United States consumers. No
review an initial determination (‘‘ID’’) other respondents prior to the original petitions for review were filed.
(Order No. 29) granting a joint motion termination of the investigation. See The Commission has determined not
to terminate the above-captioned Notice (Apr. 20, 2015); Notice (June 11,
remand investigation as to the last- to review the subject ID. As GN is the
2015).
remaining respondent, GN Netcom A/S last remaining respondent, the
On September 21, 2015, the ALJ
d/b/a Jabra of Ballerup, Denmark termination of GN also terminates the
issued Order No. 17, granting
(‘‘GN’’), based on a settlement Respondents’ motion for summary remand investigation in its entirety.
agreement. The investigation is determination that the asserted claims The authority for the Commission’s
terminated in its entirety. of the ’258 and ’391 patents are invalid determination is contained in section
FOR FURTHER INFORMATION CONTACT: as indefinite under 35 U.S.C. 112, ¶ 2 337 of the Tariff Act of 1930, as
Megan M. Valentine, Office of the and terminated the investigation with a amended (19 U.S.C. 1337), and in Part
General Counsel, U.S. International finding of no violation of section 337. 210 of the Commission’s Rules of
Trade Commission, 500 E Street SW, Order No. 17 (Sept. 21, 2015). On May Practice and Procedure (19 CFR part
Washington, DC 20436, telephone 202– 12, 2016, the Commission affirmed the 210).
708–2301. Copies of non-confidential ID with modification. 81 FR 31257 (May
By order of the Commission.
documents filed in connection with this 18, 2016). Thereafter, One-E-Way filed a
daltland on DSKBBV9HB2PROD with NOTICES

investigation are or will be available for notice of appeal in the U.S. Court of Issued: August 17, 2018.
inspection during official business Appeals for the Federal Circuit (Appeal Lisa Barton,
hours (8:45 a.m. to 5:15 p.m.) in the No. 2016–2105). Secretary to the Commission.
Office of the Secretary, U.S. On June 12, 2017, the Court reversed [FR Doc. 2018–18154 Filed 8–22–18; 8:45 am]
International Trade Commission, 500 E the Commission’s summary BILLING CODE 7020–02–P
Street SW, Washington, DC 20436, determination that the asserted claims
telephone 202–205–2000. General are invalid as indefinite under § 112, ¶

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Document Created: 2018-08-23 00:32:56
Document Modified: 2018-08-23 00:32:56

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 (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. 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		83 FR 42689