Certain Noise Cancelling Headphones and Components Thereof Institution of Investigation Pursuant to 19 U.S.C. 1337, 52041 [2014-20781]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Page 52041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20781]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-927]


Certain Noise Cancelling Headphones and Components Thereof 
Institution of Investigation Pursuant to 19 U.S.C. 1337

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 July 25, 2014, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Bose Corporation of Framingham, Massachusetts. The complaint 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 noise cancelling headphones and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
6,717,537 (``the '537 patent''); U.S. Patent No. 8,073,150 (``the '150 
patent''); U.S. Patent No. 8,073,151 (``the '151 patent''); U.S. Patent 
No. 8,054,992 (``the '992 patent''); and U.S. Patent No. 8,345,888 
(``the '888 patent''). The complaint further alleges that an industry 
in the United States exists or is in the process of being established 
as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 26, 2014, 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 noise 
cancelling headphones and components thereof by reason of infringement 
of one or more of claims 1-3, 5-7, 9-12, 14-16, 18, and 19 of the '537 
patent; claims 14, 22, and 23 of the '150 patent; claims 14, 18, 23, 
and 25 of the '151 patent; claims 1, 4, 6, 15, 16, and 18 of the '992 
patent; and claims 1, 2, 5-9, 11-14, and 16 of the '888 patent, and 
whether an industry in the United States exists or is in the process of 
being established 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 complainant is: Bose Corporation, The Mountain Road, 
Framingham, MA 01701.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Beats Electronics, LLC, 8600 Hayden Place, Culver City, CA 90232.
Beats Electronics International Ltd., The Malt House South, Grand Canal 
Quay, Dublin 2, Ireland.
Fugang Electronic (Dong Guan) Co., Ltd., Industry Street, Dong-Keng, 
Dong-Guan, Guang-Dong, China.
PCH International Ltd., Heritage Business Park, Bessboro Road, 
Blackrock, Cork, Ireland.

    (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 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 complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
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 complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the 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 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: August 27, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-20781 Filed 8-29-14; 8:45 am]
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