UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN WIRELESS HEADSETS
`
`Inv. No. 337-TA-943
`
`ORDER NO. 7:
`
`INITIAL DETERMINATION GRANTING COMPLAINANT’S
`MOTION FOR TERMINATION AS TO RESPONDENTS BEATS
`ELECTRONICS, LLC AND BEATSELECTRONICS
`INTERNATIONAL
`'
`
`(April 7, 2015)
`
`‘
`
`On March 31, 2015, Complainant One-E-Way, Inc. (“One-E-Way”) filed a motion pursuant
`
`to l9,C.F.R. § 2l0.2l(a) seeking withdrawal of its allegations in the Complaint against
`
`Respondents Beats Electronics, LLC and Beats Electronics Intemational (collectively “Beats”) and
`
`terminating this investigation with respect to Beats. (Motion Docket N0. 943-004) In addition,
`
`One-E-Way seeks a suspension of the procedural schedule with regard to Beats pending ruling on
`
`the motion to tenninate. On April 2, 2015 the Commission Investigative Staff (“Staff”) filed a
`
`response in support of the present motion to terminate Beats.
`
`Under Commission Rule 21O.2l(a)(l),
`
`[a]ny party may move at any time prior to the issuance of an initial determination on
`violation of section 337 of the Tariff Act of 1930 for an order to terminate an
`investigation in whole or in part as to any or all respondents on the basis of
`withdrawal of the complaint or certain allegations contained therein . . . .
`
`l9 C.F.R. § 2lO.2l(a)(l ). Further, “if there are any agreements concerning the subject matter of the
`
`investigation, all such agreements shall be identified, and if written, a copy shall be filed with the
`
`Commission along with the motion.” Id. In determining whether to grant a motion to terminate an
`
`investigation as to a respondent based on the Withdrawalof allegations in the complaint against the
`
`respondent, the Commission has found that “in the absence of extraordinary circumstances,
`
`termination of the investigation will be readily granted to a complainant during the pre-hearing
`
`Petitioner's Exhibit 1027
`Page 001
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN WIRELESS HEADSETS
`
`Inv. No. 337-TA-943
`
`ORDER NO. 7:
`
`INITIAL DETERMINATION GRANTING COMPLAINANT’S
`MOTION FOR TERMINATION AS TO RESPONDENTS BEATS
`ELECTRONICS, LLC AND BEATSELECTRONICS
`INTERNATIONAL
`'
`
`(April 7, 2015)
`
`‘
`
`On March 31, 2015, Complainant One-E-Way, Inc. (“One-E-Way”) filed a motion pursuant
`
`to l9,C.F.R. § 2l0.2l(a) seeking withdrawal of its allegations in the Complaint against
`
`Respondents Beats Electronics, LLC and Beats Electronics Intemational (collectively “Beats”) and
`
`terminating this investigation with respect to Beats. (Motion Docket N0. 943-004) In addition,
`
`One-E-Way seeks a suspension of the procedural schedule with regard to Beats pending ruling on
`
`the motion to tenninate. On April 2, 2015 the Commission Investigative Staff (“Staff”) filed a
`
`response in support of the present motion to terminate Beats.
`
`Under Commission Rule 21O.2l(a)(l),
`
`[a]ny party may move at any time prior to the issuance of an initial determination on
`violation of section 337 of the Tariff Act of 1930 for an order to terminate an
`investigation in whole or in part as to any or all respondents on the basis of
`withdrawal of the complaint or certain allegations contained therein . . . .
`
`l9 C.F.R. § 2lO.2l(a)(l ). Further, “if there are any agreements concerning the subject matter of the
`
`investigation, all such agreements shall be identified, and if written, a copy shall be filed with the
`
`Commission along with the motion.” Id. In determining whether to grant a motion to terminate an
`
`investigation as to a respondent based on the Withdrawalof allegations in the complaint against the
`
`respondent, the Commission has found that “in the absence of extraordinary circumstances,
`
`termination of the investigation will be readily granted to a complainant during the pre-hearing
`
`Petitioner's Exhibit 1027
`Page 001
`
`
`
`stage of the investigation.” Certain Opaque Polymers, Inv. No. 337-TA-883, Order No. 29 at 1-2
`
`(November 3, 2014).
`
`_
`
`,
`
`As required by Commission Rule 210.2 1(a)(1), One-E-Way’s motion to terminate includes a
`
`statement that “With the exception of a Non-Disclosure Agreement put in place to facilitate possible
`
`settlement discussions, there are no agreements, written or oral, express or implied, between One-E
`
`Way and Beats concerning the subject matter of this investigation.” Motion at 1. I find no
`
`.
`
`1
`
`extraordinary circumstances that prevent the termination of this Investigation with respect to Beats.
`
`Tenninating Beats from this Investigation is in the public interest, as public and private resources
`
`will be conserved. Certain Power Supplies, Inv. No. 337-TA-646, Order No. 18 (Jan. 5, 2009).
`
`Accordingly, it is my Initial Detennination that Motion Docket N0. 943-004 is hereby
`
`GRANTED. Accordingly, One-E-Way’s allegations in its Complaint against Beats are hereby
`
`withdrawn. Because this Order terminates Beats from this investigation, the request to stay the
`
`procedural schedule as to Beats is now MOOT. This Initial Detennination, along with any
`
`supporting documentation, is hereby certified to the Commission.
`
`Ptusuant to 19 C.F.R.§ 2lO.42(h), this Initial Determination shall become the determination
`
`of the Commission unless a party files a petition for review of the Initial Determination pursuant to
`
`l9 C.F.R. § 2l0.43(a), or the Commission, pursuant to 19 C.F.R. § 210.44, orders, on its own
`
`motion, a review of the Initial Detennination or certain issues herein.
`
`I
`
`SO ORDERED.
`
`'
`
`'
`
`Z Kflm/0’
`ri
`
`Thomas B. Pender
`~ Administrative Law Judge
`
`A
`
`‘
`
`Petitioner's Exhibit 1027
`Page 002
`
`
`
`IN THE MATTER OF CERTAIN WIRELESS HEADSETS
`
`337-TA-943
`
`.
`
`'
`
`CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, herebycertifythat the attachedPUBLIC $DER NO. 7: INITIAL
`DETERMINATION has been served upon the C0mmiss' Rnaastzgfiive Attorney, Vu Bui,
`Esq., and the following parties as indicated on
`Q;
`0
`p
`2015.
`
`-
`
`FOR COMPLAINANTS ONE-E-WAY, INC.:
`
`on,
`. B
`U.S. Inteniation 1Trade Commission
`500 E Street, SW, Room ll2A
`Washington, DC 20436
`
`Douglas G. Meulhauser. Esq.
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14“ Floor
`'
`_
`Irvin, CA 92614
`
`‘
`
`A
`
`)Via Hand Delivery
`(
`(>()ViaExpress Delivery
`(
`)Via First Class Mail
`(
`)Other:
`
`FOR RESPONDENTS SONY CORPORATION, SONY CORPORATION OF AMERICA .
`SONY ELECTRONICS,
`INC.
`_
`
`Paul T, Qualey, Esq.
`KENYON & IGENYON LLP
`1500 K Street, N.W.
`Washington, DC 20005
`
`,
`
`~
`
`FOR RESPONDENT GN NETCOM A/S d/b/a JABRA
`
`,~
`
`.
`
`William B. Nash, (pro hac vice)
`HAYNES '& BOONE LLP.
`112 East Pecan, Suite 1200
`San Antonio, TX 78205
`
`'
`
`)Via Hand Delivery
`(
`A (>()Via Express Delivery
`(
`)Via First Class Mail
`(
`)Other:
`
`)Via Hand Delivery
`(
`(}()Via Express Delivery
`(
`)Via First Class Mail
`(
`)Othe1':
`
`FOR RESPONDENTS CREATIVE LABS, INC. & CREATIVE TECHNOLOGY LTD.
`
`Jonathan Baker, Esq.
`FARNEY DANIELS PC
`411 Borel Avenue Suite 350
`_San Mateo-, CA 94402
`,_
`
`'
`
`)Via Hand Delivery
`(
`()()Via Express Delivery
`(
`)Via First Class Mail
`(
`)Other:
`1
`
`Petitioner's Exhibit 1027
`Page 003
`
`
`
`337-TA-943
`'
`IN THE MATTER OF CERTAIN WIRELESS HEADSETS
`FOR RESPONDENTS SENNHEISER ELECTRONIC GMBJ & C0. KG & SENNHEISER
`ELECTRONIC CORPORATION
`
`Sean DeBruine, Esq.
`KILPATRICK TOWNSEND & STOCKTON LLP
`l080 Marsh Road
`i
`Menlo Park, CA 94025
`
`D
`
`t
`
`)Via Hand Delivery
`_ (
`(>()ViaExpress Delivery
`(
`)Via First Class Mail
`(
`)Other:
`
`FOR RESPONDENTS BLUEANT WIRELESS PTY, LTD. AND
`BLUEANT WIRELESS,
`INC.
`A
`
`_
`Duane H. Mathiowetz, Esq.
`NOVAK DRUCE CONNOLLY BOVE & QUIGG LLP
`555 Mission Street, 34*‘Flt.
`San Francisco, CA 94105
`
`'
`
`)Via Hand Delivery
`(
`- @()ViaExpress Delivery
`(
`)Via First Class Mail.
`(
`)Other:
`
`FOR RESPONDENTS BEATS ELECTRONICS, LLC AND BEATS ELECTRONICS
`INTERNATIONAL
`'
`-
`
`.
`
`Celine Jimenez Crowson, Esq.
`HOGAN LOVELLS LLP
`555 Thirteenth Street, NW
`Washington, DC 20004
`
`FOR RESPONDENTS ALIPHCOM d/b/a JAVVBONE,INC.
`
`Stephen R. Smith
`COOLEY LLP
`l299 Pennsylvania Ave., NW
`Suite 700
`Washington, DC 20004
`
`)Via Hand Delivery
`(
`()()Via Express Delivery
`(
`)Vi'a First Class Mail
`(
`)Other:
`_
`
`)Via Hand Deliveiy
`(
`(><)ViaExpress Delivery
`(
`)Via First Class Mail
`(
`)Other:
`l
`
`.
`
`1
`
`Petitioner's Exhibit 1027
`Page 004
`
`
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