`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN AUDIO PROCESSING
`HARDWARE, SOFTWARE, AND
`PRODUCTS CONTAINING THE SAME
`
`Inv. No. 337-TA-1026
`
`NOTICE OF INITIAL DETERMINATION ON VIOLATION OF SECTION 337
`
`(October 26, 2017)
`
`On this date, I have issued an initial detettnination on violation of section 337 in this
`
`investigation pursuant to Commission Rule 210.42(a)(1)(i).1 For the reasons discussed herein, it
`
`is my final initial detettnination that there is no violation 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/or the sale within the United States after importation of certain audio processing hardware,
`
`software, and products containing the same by reason of infringement of U.S. Patent No.
`
`6,363,345 ("the '345 patent").
`
`In the initial determination, I have made the following conclusions of law:
`
`1. The Commission has subject matter jurisdiction over this investigation, in personam
`
`jurisdiction over Apple, and in rem jurisdiction over the accused Apple audio processing
`
`hardware, software, and products containing same.
`
`2. There has been an importation into the United States, sale for importation, or sale
`
`within the United States after importation of the accused Apple audio processing hardware,
`
`A public version shall issue within 30 days, or in the time necessary to identify and redact the
`confidential business information therein, pursuant to Commission Rule 210.5(f).
`Patent Owner
`Andrea Electronics Corp.
`EXHIBIT 2003
`IPR2017-00626
`
`IPR Page 1 of 3
`
`
`
`software, and products containing same.
`
`3. Andrea does not have standing to assert the '345 patent without joining another party.
`
`4. The accused Apple products do not infringe claims 4-11, 13-16, 21,23-25, 38-40, 43,
`
`and 46 of the '345 patent.
`
`5. Claims 1, 4-7, 9-11, 13, 14, 21, and 38 of the '345 patent are not invalid as
`
`anticipated.
`
`6. Claims 4-11, 13-17, 21, 23-25, 39, 40, 43, 46, and 47 of the '345 patent are not
`
`invalid as obvious.
`
`7. The '345 patent is not unenforceable due to inequitable conduct or equitable estoppel.
`
`8. A domestic industry has not been shown to exist in the United States as required by
`
`subsection (a)(2) of section 337.
`
`SO ORDERED.
`
`Dee Lord Lord
`
`Administrative Law Judge
`
`2
`
`IPR Page 2 of 3
`
`
`
`CERTAIN AUDIO PROCESSING HARDWARE,
`SOFTWARE, AND PRODUCTS CONTAINING THE SAME
`
`Inv. No. 337-TA-1026
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Whitney Winston, Esq., and the following parties
`as indicated, on 10/26/2017
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Andrea Electronics Corp.:
`
`Goutam Patnaik, Esq.
`PEPPER HAMILTON LLP
`600 Fourteenth Street, N.W.
`Washington, DC 20005-2004
`
`On Behalf of Respondent Apple Inc.:
`
`Ching-Lee Fukuda
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`
`10 Via Hand Delivery
`kVia Express Delivery
`CI Via First Class Mail
`0 Other:
`
`0 Via Hand Delivery
`N-Via Express Delivery
`101 Via First Class Mail
`El Other:
`
`IPR Page 3 of 3
`
`
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