Certain Wireless Headsets; Commission Determination To Grant Joint Motions To Amend the Notice of Investigation and To Terminate the Investigation in Part as to Respondent Aliphcom d/b/a/ Jawbone on the Basis of a Settlement Agreement, 8746-8747 [2016-03513]
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
products are imported, and provide
identification information for all known
importers of the subject articles. Initial
written submissions and proposed
remedial orders must be filed no later
than close of business on Tuesday,
March 1, 2016. Initial written
submissions by the parties shall be no
more than 50 pages, excluding any
attachments or exhibits. Reply
submissions must be filed no later than
the close of business on Friday, March
11, 2016. Reply submissions by the
parties shall be no more than 30 pages,
excluding any attachments or exhibits.
No further submissions on these issues
will be permitted unless otherwise
ordered by the Commission. Persons
filing written submissions must file the
original document electronically on or
before the deadlines stated above and
submit 8 true paper copies to the Office
of the Secretary by noon the next day
pursuant to section 210.4(f) of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.4(f)).
Submissions should refer to the
investigation number (‘‘Inv. No. 337–
TA–939’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary at (202)
205–2000. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR § 201.6.
Documents for which confidential
treatment by the Commission is
properly sought will be treated
accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All
nonconfidential written submissions
will be available for public inspection at
the Office of the Secretary and on EDIS.
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: February 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–03537 Filed 2–19–16; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–943]
Certain Wireless Headsets;
Commission Determination To Grant
Joint Motions To Amend the Notice of
Investigation and To Terminate the
Investigation in Part as to Respondent
Aliphcom d/b/a/ Jawbone on the Basis
of a Settlement Agreement
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to grant an
amended joint motion to amend the
Notice of Investigation to correct the
name of respondent Jawbone, Inc. to
AliphCom d/b/a/ Jawbone
(‘‘AliphCom’’) and a joint motion to
terminate the above-captioned
investigation in part as to respondent
AliphCom based upon a settlement
agreement.
SUMMARY:
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 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.
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
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Sfmt 4703
8,131,391 (‘‘the ’391 patent’’). Id. The
notice of investigation named several
respondents, including Sony
Corporation of Tokyo, Japan; Sony
Corporation of America of New York,
New York; and Sony Electronics, Inc. of
San Diego, California (collectively,
‘‘Sony’’); Beats Electronics, LLC of
Culver City, California and Beats
Electronics International Ltd. of Dublin,
Ireland (collectively, ‘‘Beats’’);
Sennheiser Electronic GmbH & Co. KG
of Wedemark, Germany and Sennheiser
Electronic Corporation of Old Lyme,
Connecticut (collectively,
‘‘Sennheiser’’); 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
Labs’’); GN Netcom A/S d/b/a Jabra of
Ballerup, Denmark (‘‘GN Netcom’’); and
Jawbone, Inc. of San Francisco,
California. Id. The Office of Unfair
Import Investigations (OUII) also was
named as a party to the investigation. Id.
The Commission previously terminated
the investigation with respect to Beats
and Sennheiser. See Notice (Apr. 29,
2015); Notice (June 11, 2015). The
Commission also previously terminated
the investigation with respect to certain
claims of the ’258 and ’391 patents. See
Notice (May 26, 2015); Notice (Aug. 26,
2015).
On December 23, 2015, One-E-Way
and respondent Jawbone, Inc. (styled in
the motion as AliphCom) filed a joint
motion to terminate the investigation as
to AliphCom based on a settlement
agreement pursuant to section 210.21(b)
of the Commission’s Rules of Practice
and Procedure (19 CFR 210.21(b)). OneE-Way and AliphCom additionally
requested that service of the unredacted
version of the settlement agreements be
limited to the Commission investigative
attorney (‘‘IA’’). On December 24, 2015,
the IA filed a response supporting the
joint motion and agreeing that restricted
service was appropriate. No other party
filed a response to the joint motion.
On January 12, 2016, One-E-Way and
respondent Jawbone, Inc. (styled in the
motion as Aliphcom) filed a joint
motion to amend the Notice of
Investigation to correct the name of
respondent Jawbone, Inc. to AliphCom
d/b/a/ Jawbone. On January 14, 2016,
One-E-Way and Jawbone, Inc. filed an
amended joint motion to amend the
Notice of Investigation, indicating that
the remaining respondents and the IA
do not oppose or object to the motion.
The Commission has determined to
amend the Notice of Investigation as
requested and to terminate the
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
investigation as to AliphCom. The
Commission finds that the joint motion
to terminate complies with the
requirements of section 210.21(b)(1) of
the Commission’s Rules of Practice and
Procedure (19 CFR 210.21(b)(1)), and
that there are no extraordinary
circumstances that would prevent the
requested termination. The Commission
also finds that granting the motion
would not be contrary to the public
interest pursuant to section 210.50(b)(2)
of the Commission’s Rules of Practice
and Procedure (19 CFR 210.20(b)(2)).
The Commission has also determined to
restrict service of the confidential
versions of the settlement agreements
between One-E-Way and AliphCom to
the IA.
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).
Street SW., Washington, DC 20436,
telephone (202) 205–2737. 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.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 provides
that if the Commission finds a violation
it shall exclude the articles concerned
from the United States:
By order of the Commission.
Issued: February 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
States economy, the production of like or
directly competitive articles in the United
States, and United States consumers, it finds
that such articles should not be excluded
from entry.
[FR Doc. 2016–03513 Filed 2–19–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–944]
Certain Network Devices, Related
Software and Components Thereof (I);
Notice of Request for Statements on
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the presiding administrative law judge
has issued a Recommended
Determination on Remedy and Bonding
in the above-captioned investigation.
The Commission is soliciting comments
on public interest issues raised by the
recommended relief, specifically a
limited exclusion order and a cease and
desist order for certain network devices,
related software and components
thereof, imported by named respondent
Arista Networks, Inc. This notice is
soliciting public interest comments from
the public only. Parties are to file public
interest submissions pursuant to 19 CFR
210.50(a)(4).
FOR FURTHER INFORMATION CONTACT:
Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S.
International Trade Commission, 500 E
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SUMMARY:
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19:03 Feb 19, 2016
Jkt 238001
19 U.S.C. 1337(d)(1). A similar
provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is interested in
further development of the record on
the public interest in these
investigations. Accordingly, members of
the public are invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the administrative law judge’s
Recommended Determination on
Remedy and Bonding issued in this
investigation on February 11, 2016.
Comments should address whether
issuance of a limited exclusion order
and/or a cease a desist order in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
orders are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended orders;
(iii) identify like or directly
competitive articles that complainant,
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8747
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the recommended
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the limited exclusion
order and/or cease and desist order
would impact consumers in the United
States.
Written submissions must be filed no
later than by close of business on March
21, 2016.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
944’’) in a prominent place on the cover
page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
the any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.50).
By order of the Commission.
Issued: February 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–03497 Filed 2–19–16; 8:45 am]
BILLING CODE 7020–02–P
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Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8746-8747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03513]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-943]
Certain Wireless Headsets; Commission Determination To Grant
Joint Motions To Amend the Notice of Investigation and To Terminate the
Investigation in Part as to Respondent Aliphcom d/b/a/ Jawbone on the
Basis of a Settlement Agreement
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to grant an amended joint motion to amend the
Notice of Investigation to correct the name of respondent Jawbone, Inc.
to AliphCom d/b/a/ Jawbone (``AliphCom'') and a joint motion to
terminate the above-captioned investigation in part as to respondent
AliphCom based upon a settlement agreement.
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 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.
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 Sony Corporation of Tokyo, Japan; Sony
Corporation of America of New York, New York; and Sony Electronics,
Inc. of San Diego, California (collectively, ``Sony''); Beats
Electronics, LLC of Culver City, California and Beats Electronics
International Ltd. of Dublin, Ireland (collectively, ``Beats'');
Sennheiser Electronic GmbH & Co. KG of Wedemark, Germany and Sennheiser
Electronic Corporation of Old Lyme, Connecticut (collectively,
``Sennheiser''); 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 Labs''); GN
Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN Netcom''); and
Jawbone, Inc. of San Francisco, California. Id. The Office of Unfair
Import Investigations (OUII) also was named as a party to the
investigation. Id. The Commission previously terminated the
investigation with respect to Beats and Sennheiser. See Notice (Apr.
29, 2015); Notice (June 11, 2015). The Commission also previously
terminated the investigation with respect to certain claims of the '258
and '391 patents. See Notice (May 26, 2015); Notice (Aug. 26, 2015).
On December 23, 2015, One-E-Way and respondent Jawbone, Inc.
(styled in the motion as AliphCom) filed a joint motion to terminate
the investigation as to AliphCom based on a settlement agreement
pursuant to section 210.21(b) of the Commission's Rules of Practice and
Procedure (19 CFR 210.21(b)). One-E-Way and AliphCom additionally
requested that service of the unredacted version of the settlement
agreements be limited to the Commission investigative attorney
(``IA''). On December 24, 2015, the IA filed a response supporting the
joint motion and agreeing that restricted service was appropriate. No
other party filed a response to the joint motion.
On January 12, 2016, One-E-Way and respondent Jawbone, Inc. (styled
in the motion as Aliphcom) filed a joint motion to amend the Notice of
Investigation to correct the name of respondent Jawbone, Inc. to
AliphCom d/b/a/ Jawbone. On January 14, 2016, One-E-Way and Jawbone,
Inc. filed an amended joint motion to amend the Notice of
Investigation, indicating that the remaining respondents and the IA do
not oppose or object to the motion.
The Commission has determined to amend the Notice of Investigation
as requested and to terminate the
[[Page 8747]]
investigation as to AliphCom. The Commission finds that the joint
motion to terminate complies with the requirements of section
210.21(b)(1) of the Commission's Rules of Practice and Procedure (19
CFR 210.21(b)(1)), and that there are no extraordinary circumstances
that would prevent the requested termination. The Commission also finds
that granting the motion would not be contrary to the public interest
pursuant to section 210.50(b)(2) of the Commission's Rules of Practice
and Procedure (19 CFR 210.20(b)(2)). The Commission has also determined
to restrict service of the confidential versions of the settlement
agreements between One-E-Way and AliphCom to the IA.
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: February 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-03513 Filed 2-19-16; 8:45 am]
BILLING CODE 7020-02-P