Certain Earpiece Devices and Components Thereof; Commission Determination To Vacate the Domestic Industry Finding as to One Asserted Patent; Remand the Investigation in Part to the Presiding Administrative Law Judge for Further Proceedings as to That Asserted Patent; and Extend the Target Date; Issuance of a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders as to the Other Five Asserted Patents
Notice is hereby given that the U.S. International Trade Commission has determined to vacate the presiding administrative law judge's (``ALJ'') domestic industry finding with respect to U.S. Patent No. 9,398,364 (``the '364 patent''), remand the investigation in part to the ALJ for further proceedings with respect to that patent consistent with its concurrently issued opinion and remand order, and extend the target date for completion of the investigation. The Commission has also determined to issue: (1) A general exclusion order prohibiting the unlicensed importation of certain earpiece devices and components thereof that infringe one or more of claims 1 and 7 of U.S. Patent No. 9,036,852 (``the '852 patent''); claims 1 and 8 of U.S. Patent No. 9,036,853 (``the '853 patent''); claims 1 and 6 of U.S. Patent No. 9,042,590 (``the '590 patent''); and claims 1, 7, and 8 of U.S. Patent No. 8,249,287 (``the '287 patent''); (2) a limited exclusion order prohibiting respondent V4ink Inc. (``V4ink'') from importing certain earpiece devices and components thereof that infringe claim 1 of U.S. Patent No. 8,311,253 (``the '253 patent''); and (3) cease and desist orders against certain respondents that were found in default or had not participated in the above-captioned investigation. The investigation is terminated with respect to these five patents.