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]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 8746 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, http://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] BILLING CODE 7020–02–P VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 PO 00000 Frm 00066 Fmt 4703 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 E:\FR\FM\22FEN1.SGM 22FEN1 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 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, PO 00000 Frm 00067 Fmt 4703 Sfmt 9990 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, http://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 E:\FR\FM\22FEN1.SGM 22FEN1

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]


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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

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 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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