Case 2:14-cv-04489-JG-GRB Document 58-2 Filed 03/18/15 Page 2 of 5 PageID #: 582
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Wushington, D.C.
`
`In the Matter of
`
`CERTAIN AUDIO PROCESSING
`HARDWARE AND SOFTWARE AND
`PRODUCTS CONTAINING SAME
`
`Inv. No. 337-TA-949
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`NOTICE OF INSTITUTION OF INVESTIGA nON
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`Institution of investigation pursuant to 19 U.S.C. § 1337
`
`AGENCY: U.S. International Trade Commission
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`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on February 9, 20 15, under section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. § 1337, on behalf of Andrea Electronics Corp., of Bohemia, New York. A
`letting supplementing the complaint was filed on March 3, 2015. The complaint, as
`suppl emented, alleges violations of section 337 based upon the importation into the United
`States, the sale for importation, and the sale within the Uni ted States after importation of certain
`audio processing hardware and software and products containing same by reason of infringement
`of certain claims of U.S. Patent No. 5,825,898 ("the '898 patent"); U.S. Patent No. 6,483,923
`("the '923 patent"); U.S. Patent No. 6,049,607 ("the '607 patent"); U.S. Patent No. 6,363,345
`("the '345 patent"); and U.S. Patent No. 6,377,637 ("the '637 patent"). The complaint ftll1her
`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 a limited exclusion order and cease and desist orders.
`
`ADDRESSES: The complaint, as supplemented, except for any confidential information
`contained therein, is available for inspection during official business hours (8:45 a.m. to 5: J 5
`p.m.) in the Office ofthe Secretary, U.S. International Trade Commission, 500 E Street, S.W.,
`Room 112, Washington, D.C. 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) 205-181 0. 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.lIsitc.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: The Office of Unfair ImpOit Investigations,
`U.S. International Trade' Commission, telephone (202) 205-2560.
`
`RTL898_1016-0001
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`Realtek 898 Ex. 1016
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`

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`Case 2:14-cv-04489-JG-GRB Document 58-2 Filed 03/18/15 Page 3 of 5 PageID #: 583
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`AUTHORJTY: 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 C.F.R. § 2\0.10 (20 14).
`.
`.
`SCOPE OF INVESTIGATION: I-laving considered the complaint, the U.S. International
`Trade Commission, on March 11, 2015, 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)( I)(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 audio processing hardware and software and
`products containi ng same by reason of infringement of one or more of claims \ -28 of the '898
`patent; claims 1-16 of the ' 923 patent; claims 1-12 and 25~37 of the '607 patent; claims 1-25, 38-
`40, and 42-47 of the '345 patent; and claims 1-14 of the '637 patent, and whether an industry in
`the United States exists as required by subsection (a)(2) of section 337;
`
`(2) Pursuanllo Commission Rule 210.50(b)( I), 19 C.F.R. § 210.50(b)(I), the presiding
`administrative law judge shall take evidence or other information and hear arguments from the
`parties and other interested persons with respect to the public interest in this investigation, as
`appropriate, and provide the Commission with findings of fact and a recommended
`determination on this issue, which shall be limited to the statutory public interest factors, 19
`U.S.C. §§ 1337(d)(1), (1)(1), (g)( I);
`
`(3) Notwithstanding any Commission Rules that would otherwise apply, the presiding
`Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early
`decision, as to whethcr the complainant has standi ng to assert each of the assclted patents. Any
`such decision shall be in the form of an initial determination (10). Petitions for review of such an
`TO shall be due five calendar days after service of the TD; any replies shall be due three business
`days after service of a petition. The ID will become the Commission's final determination 30
`days after the date of service of the ID unless the Commission determines to review the 10. Any
`slich review wi ll be conducted in accordance with Commission Rules 210.43,2 10.44, and ·
`210.45, 19 C.F. R. §§ 2 10.43, 210.44, and 210.45. The Commission expects the issuance of an
`early IO relating to the standing issllcs within 100 days of institu~ion, exccpt that the presiding
`ALl may grant a limited extension of the 1.0 for good cause shown. The issuance of an early ID
`finding complainant does not have standing to assert the asserted patents shall stay the
`investigation unless the Commission orders otherwise; any other decision shall 110t stay the
`investigation or delay the issuance ofa finallD covering the other issues of the investigation.
`
`(4) 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:
`
`Andrea E lectronics Corp.
`65 Orville Drive, suite One
`Bohemia,NY 11716
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`RTL898_1016-0002
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`2
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`(b) The respondents are the followi ng entities alleged to be in violation of section
`337. and are the pmties upon whieh the complaint is to bc scrved:
`
`Acer Inc.
`8F, 88, Sec. 1, Xintai 5th Rd. Xixhi,
`New Taipci City 221, Taiwan
`
`1
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`AceI' America Corp.
`333 West San Carlos Street, Suite 1500
`San Jose, CA 95 11 0
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`ASUSTeK Computer Inc.
`No. J 5, Li-Te Rd., Beitou District,
`Taipei 11 2, Taiwan
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`ASUS Computer Intel1lational
`800 Corporate Way
`Fremont, CA 94539
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`Dell Inc.
`One Dell Way
`Round Rock, TX 78682
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`Hewlett Packard Co.
`3000 Hanover Street
`Palo Alto, CA 94304-1 185
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`Lenovo Group Ltd.
`Shangdi Information Industry Base
`No 6 Chuang Ye Road, Haidan District
`100085 Beijing, China
`
`Lenovo Holding Co., Inc.
`1009 Think Place
`Morrisville, NC 27650
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`Lcnovo (United States) Inc.
`1009 Think Place
`Morrisville, NC 27650
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`Toshiba Corp.
`I-I, Shibaura I-chome,
`Toshiba Building,
`Minato-Ku,
`Tokyo 105-800 1, Japan
`
`3
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`RTL898_1016-0003
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`

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`Case 2:14-cv-04489-JG-GRB Document 58-2 Filed 03/18/15 Page 5 of 5 PageID #: 585
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`Toshiba America, Inc.
`125 1 A venue of the Americas
`Suite 4110
`New York, NY [0020
`
`Toshiba America Information Systcms, Inc.
`9740 Irvine Boulevarc\
`Irvine, CA 92618
`
`Rcaltek Semiconductor Corp.
`No. 2, ltmovation Road n,
`Hsinchu Science Park,
`Hsinchu 300, Taiwan
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`(c) The Office of Unfair Import Investigatj ons~ U.S. International Trade
`Commission, 500 E Street, S.W., Suite 401 , Washington, D.C. 20436; and
`
`(5) 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 thc notice of investigation must be submitted by thc
`named respondents in accordance with section 21 0.13 of the Commission's Rul es of Practice and
`Procedure, 19 C.F,R. § 210.13. Pursuant to 19 C.F.R. §§ 20 1. 16(e) and 21 O.13(a), such
`responses will be considered by the Commission if received not latcr 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 thercfor 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 appeal' 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 allegcd 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 ordcr or both directed against the respondent.
`
`By order of the Commission.
`
`Issued: March 12,201 5
`
`Lisa R. Bat10n
`Secrctary to tIle Commission
`
`RTL898_1016-0004
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`4