83 FR 61168 - Certain Earpiece Devices and Components Thereof: Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 229 (November 28, 2018)

Page Range61168-61169
FR Document2018-25940

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) of the presiding administrative law judge (``ALJ''), granting complainant's motion for leave to amend the complaint and Notice of Investigation to correct the name and/or address of two existing respondents.

Federal Register, Volume 83 Issue 229 (Wednesday, November 28, 2018)
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Notices]
[Pages 61168-61169]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25940]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1121]


Certain Earpiece Devices and Components Thereof: Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting a Motion for Leave To Amend the Complaint and Notice of 
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. 10) of the presiding administrative law judge 
(``ALJ''), granting complainant's motion for leave to amend the 
complaint and Notice of Investigation to correct the name and/or 
address of two existing respondents.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 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

[[Page 61169]]

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 June 29, 2018, based on a complaint filed on behalf of Bose 
Corporation of Framingham, Massachusetts (``Bose''). 83 FR 30,776 (Jun. 
29, 2018). The complaint alleges violations of Section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 
earpiece devices and components thereof by reason of infringement of 
one or more of U.S. Patent Nos.: 9,036,852; 9,036,853; 9,042,590; 
8,311,253; 8,249,287; and 9,398,364. The complaint further alleges that 
an industry in the United States exists as required by section 337. The 
Notice of Investigation named numerous respondents, including iHip of 
Edison, New Jersey; and SMARTOMI Products, Inc. (``Smartomi'') of 
Ontario, Canada. The Office of Unfair Import Investigations (``OUII'') 
was named as a party in this investigation.
    On October 4, 2018, Bose filed a motion to amend the notice of 
investigation and for leave to file an amended complaint in order to 
correct the name and/or address of two existing respondents. Order No. 
10 at 1 (Oct. 29, 2018). Specifically, Bose sought to correct the name 
of respondent iHip to Zeikos, Inc., and to correct the name of 
respondent Smartomi to V4ink, Inc. (``V4ink''). Id. Bose also sought to 
correct the address of the latter respondent because the Smartomi 
address cited in the original complaint, 2760 E Philadelphia Street, 
Ontario, Canada 91761, is the registered agent for V4ink. Id. Bose 
since learned that V4ink's principal place of business is 1251 S 
Rockfeller Ave Unit B, Ontario, Canada 91761-2238. Id. No response was 
filed. Id.
    On October 29, 2018, the ALJ issued the subject ID granting the 
motion. Id. at 2. The ALJ found that good cause exists to amend the 
complaint and notice of investigation, and that there is no evidence of 
any prejudice to the parties in the investigation. Id. No petitions for 
review were filed.
    The Commission has determined not to review the ID.
    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: November 23, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-25940 Filed 11-27-18; 8:45 am]
 BILLING CODE 7020-02-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactCathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2392. 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 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 Citation83 FR 61168 

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