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
`Washington, D.C.
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`In the Matter of
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`CERTAIN AUDIO PROCESSING
`HARDWARE AND SOFTWARE AND
`PRODUCTS CONTAINING SAME
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`Inv. No. 337-TA-949
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`NOTICE OF INSTITUTION OF INVESTIGATION
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`Institution of investigation pursuant to 19 U.S.C. § 1337
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`AGENCY: U.S. International Trade Commission
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`ACTION: Notice
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`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on February 9, 2015, 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
`supplemented, alleges violations of section 337 based upon the importation into the United
`States, the sale for importation, and the sale within the United 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 further
`alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.
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`The complainant requests that the Commission institute an investigation and, after the
`investigation, issue a limited exclusion order and cease and desist orders.
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`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 5:15
`p.m.) in the Office of the 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) 205-1810. 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.
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`FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations,
`U.S. International Trade' Commission, telephone (202) 205-2560.
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`RTL345-2_1016-0001
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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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`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 C.F.R. § 210.10 (2014).
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`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
`Trade Commission, on March 11, 2015, ORDERED THAT -
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`(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 audio processing hardware and software and
`products containing same by reason of infringement of one or more of claims 1-28 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;
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`(2) Pursuant to Commission Rule 210.50(b)(1), 19 C.F.R. § 210.50(b)(1), 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), (f)(1), (g)(1);
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`(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 whether the complainant has standing to assert each of the asserted patents. Any
`such decision shall be in the form of an initial determination (ID). Petitions for review of such an
`ID shall be due five calendar days after service of the ID; 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 ID. Any
`such review will be conducted in accordance with Commission Rules 210.43, 210.44, and
`210.45, 19 C.F.R. §§ 210.43, 210.44, and 210.45. The Commission expects the issuance of an
`early ID relating to the standing issues within 100 days of institution, except that the presiding
`ALJ may grant a limited extension of the ID 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 not stay the
`investigation or delay the issuance of a final ID covering the other issues of the investigation.
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`(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:
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`(a) The complainant is:
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`Andrea Electronics Coip.
`65 Orville Drive, suite One
`Bohemia, NY 11716
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`2
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`RTL345-2_1016-0002
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`Case 2:14-cv-04489-JG-GRB Document 58-2 Filed 03/18/15 Page 4 of 5 PageID #: 584
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`(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:
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`Acer Inc.
`8F, 88, Sec. 1, Xintai 5th Rd. Xixhi,
`New Taipei City 221, Taiwan
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`Acer America Corp.
`333 West San Carlos Street, Suite 1500
`San Jose, CA 95110
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`ASUSTeK Computer Inc.
`No. 15, Li-Te Rd., Beitou District,
`Taipei 112, Taiwan
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`ASUS Computer International
`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 94304-1185
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`Lenovo Group Ltd.
`Shangdi Information Industry Base
`No 6 Chuang Ye Road, Haidan District
`100085 Beijing, China
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`Lenovo Holding Co., Inc.
`1009 Think Place
`Morrisville, NC 27650
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`Lenovo (United States) Inc.
`1009 Think Place
`Morrisville, NC 27650
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`Toshiba Corp.
`1-1, Shibaura 1-chome,
`Toshiba Building,
`Minato-Ku,
`Tokyo 105-8001, Japan
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`3
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`RTL345-2_1016-0003
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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.
`1251 Avenue of the Americas
`Suite 4110
`New York, NY 10020
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`Toshiba America Information Systems, Inc.
`9740 Irvine Boulevard
`Irvine, CA 92618
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`Realtek Semiconductor Coip.
`No. 2, Innovation Road II,
`Hsinchu Science Park,
`Hsinchu 300, Taiwan
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`(c) The Office of Unfair Import Investigations, U.S. International Trade
`Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
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`(5) For the investigation so instituted, the Chief Administrative Law Judge, U.S.
`International Trade Commission, shall designate the presiding Administrative Law Judge.
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`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 C.F.R. § 210.13. Pursuant to 19 C.F.R. §§ 201.16(e) 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.
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`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.
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`By order of the Commission.
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`Issued: March 12, 2015
`
`Lisa R. Barton
`Secretary to the Commission
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`4
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`RTL345-2_1016-0004