[Federal Register: January 4, 2008 (Volume 73, Number 3)]
[Notices]
[Page 882-883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja08-51]
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INTERNATIONAL TRADE COMMISSION
[ Inv. No. 337-TA-626]
In the Matter of Certain Noise Cancelling Headphones; Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 29, 2007 under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Bose Corporation of Framingham, Massachusetts. A letter supplementing
the complaint was filed on December 20, 2007. The complaint alleges
violations of section 337 in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain noise cancelling headphones by reason of
infringement of certain claims of U.S. Patent Nos. 5,181,252 and
6,597,792. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint and supplement, except for any confidential
information contained therein, are 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
[[Page 883]]
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 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.
FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2575.
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 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 26, 2007, 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 by reason of infringement of one or more of
claims 1, 2, and 5 of U.S. Patent No. 5,181,252 and claims 1 and 2 of
U.S. Patent No. 6,597,792, and whether an industry in the United States
exists 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, 100 The Mountain Road,
Framingham, Massachusetts 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:
Phitek Systems Limited, Level 4, Axon Building, 2 Kingdom Street,
Newmarket, Auckland, New Zealand.
Phitek Systems Limited, 3049 Summerhill Court, San Jose, California
95148.
GN Netcom, Inc., 77 Northeastern Boulevard, Nashua, New Hampshire
03062.
Audio Technica U.S., Inc., 1221 Commerce Drive, Stow, Ohio 44224.
Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, California
95035.
Logitech Inc., 6505 Kaiser Drive, Fremont, California 94555.
Panasonic Corporation of North America, One Panasonic Way, Secaucus,
New Jersey 07094.
(c) The Commission investigative attorney, party to this
investigation, is T. Spence Chubb, Esq., 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 Honorable Charles E.
Bullock is designated as 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(d) 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.
Issued: December 27, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary of the Commission.
[FR Doc. E7-25627 Filed 1-3-08; 8:45 am]
BILLING CODE 7020-02-P