UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
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`Before the Honorable Thomas B. Pender
`Administrative Law Judge
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`Inv. No. 337-TA-943
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`In the Matter of
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`CERTAIN WIRELESS HEADSETS
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`COMPLAINANT’S MOTION FOR TERMINATION AS TO
`RESPONDENTS BEATS ELECTRONICS, LLC AND
`BEATS ELECTRONICS INTERNATIONAL
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`
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`Complainant One-E-Way, Inc. (“One-E-Way”), by and through its undersigned counsel,
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`pursuant to 19 C.F.R. § 210.21(a), moves for the withdrawal of the allegations of the Complaint
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`against Respondents Beats Electronics, LLC and Beats Electronics International (collectively
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`“Beats”), and the termination of this Investigation with respect to Beats. In addition, so as to
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`conserve the parties’ and judicial resources, One-E-Way requests that the procedural schedule be
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`suspended with respect to Beats pending a ruling on the motion to terminate. This motion is
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`based upon Beats’ statements in discovery responses that Beats does not presently, and did not at
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`the time of the filing of the Complaint in this Investigation, import or sell any of the products
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`accused of infringement in this Investigation, and that such activities have been carried out
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`entirely by other entities during the relevant time period. With the exception of a
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`Non-Disclosure Agreement put in place to facilitate possible settlement discussions, there are no
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`agreements, written or oral, express or implied, between One-E-Way and Beats concerning the
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`subject matter of this Investigation.
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`- 1 -
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`Petitioner's Exhibit 1026
`Page 001
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`GROUND RULE 5.1.2 CERTIFICATION
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`Pursuant to Ground Rule 5.1.2, One-E-Way certifies that it has made good-faith efforts to
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`resolve the matter with all parties since March 23, 2015. Respondents Beats, BlueAnt, Creative,
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`Jawbone, Sennheiser and Sony have no objections to the filing of this motion. Respondent GN
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`Netcom has not taken a position. The Staff is not taking a position on the motion until its filing.
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`MEMORANDUM OF POINTS AND AUTHORITIES
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`Pursuant to Ground Rule 5.1.1, this Memorandum of Points and Authorities is included
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`within the four corners of this Joint Motion because it is less than five pages in length.
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`Commission Rule 210.21(a), 19 C.F.R. § 210.21(a), authorizes the termination of an
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`Investigation against any respondent or respondents for good cause. “[I]n the absence of
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`extraordinary circumstances, termination of the investigation will be granted to a complainant
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`during the prehearing stage of an investigation.” Certain Digital Televisions and Components
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`Thereof, Inv. No. 337-TA-789, Order No. 17 (Oct. 17, 2011) (quoting Certain Ultrafiltration
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`Systems and Components Thereof, Including Ultrafiltration Membranes, Inv. No. 337-TA-107,
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`Comm’n Action and Order at 2 (Mar. 11, 1982)). “Public policy supports termination in order to
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`conserve public and private resources.” Certain Integrated Circuits, Chipsets, and Products
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`Containing Same Including Televisions, Media Players, and Cameras, Inv. No. 337-TA-709,
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`Order No. 48 (Feb. 7, 2011). In particular, an Investigation may be terminated as to a respondent
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`who “does not sell for importation, import, or sell after importation any accused products.”
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`Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions,
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`Media Players, and Cameras, Inv. No. 337-TA-709, Order No. 20 (Sept. 30, 2010).
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`Here, according to Beats’ discovery responses, Beats does not presently, and did not at
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`the time of the filing of the Complaint in this Investigation, import or sell any of the products
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`- 2 -
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`Petitioner's Exhibit 1026
`Page 002
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`

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`accused of infringement in this Investigation, and such activities have been carried out entirely
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`by other entities. Beats’ counsel confirmed, in conferring with One-E-Way’s counsel, that
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`Beats’ discovery responses were based on a good faith effort to collect and present accurate
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`information. Accordingly, One-E-Way submits that good cause exists for the termination of the
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`Investigation with respect to Beats only. In addition, in order to avoid unnecessary work on the
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`part of the private parties and the Administrative Law Judge, One-E-Way proposes that the
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`procedural schedule be suspended with respect to Beats pending a ruling on this motion to
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`terminate. One-E-Way and Beats are in agreement that suspension is appropriate in light of the
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`motion to terminate.
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`One-E-Way therefore respectfully requests that the Administrative Law Judge (1) stay the
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`procedural schedule with respect to Beats pending a ruling on One-E-Way’s motion to terminate
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`Beats, (2) issue an Initial Determination granting this motion by terminating this Investigation
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`with respect to Respondents Beats Electronics, LLC and Beats Electronics International in
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`accordance with 19 C.F.R. § 210.21(a), and (3) certify the Initial Determination to the
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`Commission.
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`Dated: March 31, 2015
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`Respectfully submitted,
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`
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`By: /s/ Douglas G. Muehlhauser
`Douglas G. Muehlhauser
`Paul A. Stewart
`Payson LeMeilleur
`Alan G. Laquer
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
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`Counsel for Complainant, One-E-Way, Inc.
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`- 3 -
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`Petitioner's Exhibit 1026
`Page 003
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`Via Electronic Filing (EDIS)
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`CERTIFICATE OF SERVICE
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`I caused copies of
`that on March 31, 2015,
`The undersigned certifies
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`COMPLAINANT’S MOTION FOR TERMINATION AS TO RESPONDENTS BEATS
`ELECTRONICS, LLC AND BEATS ELECTRONICS INTERNATIONAL to be filed and
`served as indicated below:
`
`U.S. International Trade Commission
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, S.W., Room 112
`Washington, DC 20436
`
`Administrative Law Judge – U.S. International Trade Commission
`Via overnight delivery (2 copies)
`The Honorable Thomas B. Pender
`U.S. International Trade Commission
`and
`500 E Street, S.W., Room 317
`Via E-mail - Gregory.Moldafsky@usitc.gov
`Washington, DC 20436
`
`
`Staff Investigative Attorney – U.S. International Trade Commission
`Vu Bui, Lead Attorney
`Via E-mail – Vu.Bui@usitc.gov
`Office of Unfair Import Investigation
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`U.S. International Trade Commission
`500 E Street, S.W., Room 401
`Washington, DC 20436
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`Respondents
`For Respondents Sony Corporation / Sony
`Corporation of America / Sony Electronics Inc.
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`Paul T. Qualey
`KENYON & KENYON LLP
`1500 K Street, N.W.
`Washington, D.C. 20005
`Telephone: (202) 220-4200
`Facsimile: (202) 220-4201
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`Via E-mail – Sony-ITC-943@kenyon.com
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`Petitioner's Exhibit 1026
`Page 004
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`Via E-mail –
`SennheiserITC@kilpatricktownsend.com
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`Via Email – BlueAntITC@novakdruce.com
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`Via E-mail –
`Creative-ITC-943@farneydaniels.com
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`Via E-mail –
`Beats-OEWCase@hoganlovells.com
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`Via E-mail - stephen.smith@cooley.com
`Jawbone-ITC@cooley.com
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`For Respondent
`Sennheiser Electronic Corporation and
`Sennheiser Electronic GmbH & Co. KG
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`Sean DeBruine
`KILPATRICK, TOWNSEND & STOCKTON
`LLP
`1080 Marsh Road
`Menlo Park, CA 94025
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`For Respondents
`BlueAnt Wireless, Inc. and BlueAnt
`Wireless Pty, Ltd.
`
`Duane H. Mathiowetz
`NOVAK DRUCE CONNOLLY BOVE +
`QUIGG LLP
`555 Mission Street, 34th Floor
`San Francisco, CA 94105
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`For Respondents
`Creative Technology Ltd. and Creative Labs, Inc.
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`Jonathan Baker
`FARNEY DANIELS PC
`411 Borel Avenue, Suite 350
`San Mateo, CA 94402
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`For Respondents
`Beats Electronics, LLC and
`Beats Electronics International
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`Celine J. Crowson
`HOGAN LOVELLS U.S. LLP
`555 Thirteenth Street, N.W.
`Washington, D.C. 20004
`Telephone: 202-637-5600
`For Respondent
`AliphCom d/b/a Jawbone
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`Stephen R. Smith
`COOLEY LLP
`1299 Pennsylvania Avenue, NW
`Suite 700
`Washington, DC 20004
`Tel: (202) 842-7800
`Fax: (202) 842-7899
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`Petitioner's Exhibit 1026
`Page 005
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`For Respondent
`GN Netcom A/S d/b/a Jabra
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`William B. Nash
`HAYNES AND BOONE, LLP
`112 East Pecan Street, Suite 1200
`San Antonio, TX 78205
`Telephone: (210) 978-7000
`Facsimile: (210) 978-7450
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`20272168
`033015
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`Via E-mail – GN-ITC@haynesboone.com
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`
`/s/ Margaret H. Greenwalt
`Margaret H. Greenwalt
`Litigation Paralegal
`Knobbe, Martens, Olson & Bear, LLP
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`- 6 -
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`Petitioner's Exhibit 1026
`Page 006
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