_ UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`Investigation No. 337-TA-943
`
`CERTAIN WIRELESS HEADSETS
`
`NOTICE OF COMMISSION DETERMINATION NOT TO REVIEW
`AN INITIAL DETERMINATION GRANTING A
`_ MOTION TO TERMINATE THE INVESTIGATION AS TO RESPONDENTS
`BEATS ELECTRONICS, LLC AND BEATS ELECTRONICS INTERNATIONAL LTD.
`BASED ON WITHDRAWAL OF ALLEGATIONS
`
`AGENCY:
`
`U.S. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review an initial determination (“ID”) (Order No. 7) granting a motion to
`terminate the investigation as to respondents Beats Electronics, LLC and Beats Electronics
`International Ltd. based on withdrawal of allegations.
`
`FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`20436, telephone 202-205-3438. Copies of non-confidential documents filed in connection with
`this investigation are or will be available for inspection during official business hours (8:45 a.m.
`to 5:15 p.m.) in the Office of the Secretary, U.S. Intemational Trade Commission, 500 E Street,
`S.W., Washington, D.C. 20436, telephone 202-205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The
`public record for this investigation may be viewed on the Commission’s electronic docket
`(EDIS) at http://edis.usitc.g0v. Hearing-impaired persons are advised that infonnation on this
`matter can be obtained by contacting the Commission’s TDD terminal on 202-205-1810.
`
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`January 13, 2015, based on a complaint filed by One-E-Way, Inc. of Pasadena, Ca1ifon1ia(“One­
`E-Way”). 80 Fed. Reg. 1663 (Jan. 13, 2015). The complaint alleges violations 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 the sale within the United States after importation of certain
`wireless headsets by reason of infringement of certain claims of U.S. Patent No. 7,865,258 and
`U.S. Patent No. 8,131,391. Id. The notice of investigation names as respondents Sony
`Corporation of Tokyo, Japan; Sony Corporation of America of New York, New York; Sony
`Electronics, Inc. of San Diego, California; Sennheiser Electronic GmbH & Co. KG of
`
`1
`
`­
`Petitioner's Exhibit 1028
`Page 001
`
`

`

`Wedemark, Germany; S6I11"ll'l6lS€1‘Electronic Corporation of Old Lyme, Connecticut; BlueAnt
`Wireless Pty, Ltd. of Richmond, Australia; BlueAnt Wireless, Inc. of Chicago, Illinois; Creative
`Technology Ltd. of Singapore; Creative Labs, Inc. of Milpitas, Califomia; Beats Electronics,
`LLC of Culver City, California; Beats Electronics lntemational Ltd. of Dublin, Ireland; Jawbone,
`Inc. of San Francisco, California; and GN Netcom A/S d/b/a Jabra of Bal-lerup,Denmark. Ia’.
`The Office of Unfair Import Investigations(OUII)also was namedas a to
`the investigation.
`Id.
`
`On March 31, 2015, One-E-Way filed a motion seeking withdrawal of its allegations
`against Beats Electronics, LLC and Beats Electronics International Ltd. (collectively, “Beats”)
`and termination of this investigation with respect to Beats. On April 2, 2015, the OUII filed a
`response supporting the motion.
`
`On April 7, 2015, the presiding administrative law judge (“ALJ”) issued an ID, Order N0.
`7, granting the motion. The ALJ found that the motion included a statement that, with the V
`exception of a non-disclosure agreement to facilitate settlement discussions, One-E-Way and
`Beats have no agreements concerning the subject matter of this investigation. The ALJ also
`found no extraordinary circumstances that would prevent the termination of this investigation
`with respect to Beats and found that such termination is in the public interest because public and
`private resources will be conserved. No petitions for review were filed.
`
`The Commission has determined not to review the subject ID.
`
`The authority for the Con1mission’s determination is contained in section 337 of the
`TariffAct of 1930, as amended (19 U.S.C. § 1337), and in Part 210 ofthe Commission’s Rules
`of Practice and Procedure (19 C.F.R. Part 210).
`
`By order of the Commission.
`
`7%
`
`Issued: April 29, 2015
`
`Lisa R. Barton
`Secretary to the Commission
`
`2
`
`Petitioner's Exhibit 1028
`Page 002
`
`

`

`CERTAIN _WIRELESSHEADSETS
`
`luv. No. 337-TA-943
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served upon the
`following parties as indicated, on April 29, 2015.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants:
`
`Douglas G. Muehlhauser
`KNOBBE, MARTENS, OLSEN & BEAR, LLP
`2040 Main Street, 14"‘Floor
`Irvine, CA 92614
`
`On Behalf of Respondents GN Netcom A/S d/b/a Jabra:
`
`William B. Nash
`HAYNES AND BOONE, LLP
`600 Anton Blvd., Ste. 700
`Costa Mesa, CA 92626
`
`On Behalf of Respondents Sonv Corporation. Sonv
`Corporation of America, and Sonv Electronics. Inc.:
`
`Paul T. Qualey
`KENYON & KENYON LLP
`1500 K Street, N.W.
`Washington, DC 20005-1257
`
`On Behalf of Respondents Beats Electronics. LLC.. Beats
`Electronics International Ltd.._:
`
`Celine Jimenez Crowson
`HOGAN LOVELLS US LLP
`555 Thirteenth Street, N.W.
`Washington, DC 20004
`
`U Via Hand Delivery
`U Via Express Delivery
`IE Via First Class Mail
`U Other:
`
`El Via I-land Delivery
`III Via Express Delivery
`Via First Class Mail
`Cl Other:
`
`|:\ Via Hand Delivery
`U Via Express Delivery
`@ Via First Class Mail
`[:1 Other:
`
`U Via Hand Delivery
`U Via Express Delivery
`E Via First Class Mail
`Cl Other:
`
`Petitioner's Exhibit 1028
`Page 003
`
`

`

`CERTAIN WIRELESS HEADSETS
`
`Inv. N0. 337-TA-943
`
`Certificate of Service —Page 2
`
`On Behalf of Respondents Creative Technoloav Ltd. and
`Creative Labs, Inc.:
`
`Jonathan Baker
`FARNEY DANIELS PC
`411 Borel Ave., Suite 350
`San Mateo, CA 94402
`
`II Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`1:1Other:
`
`On Behalf of Respondents BlueAnt Wireless Pty_,Ltd. BlueAnt
`Wireless, Inc :
`
`Duane H. Mathiowetz, Esq
`NQVAK DRUCE CONNOLLY BOVE & QUIGG LLP
`555 Mission Street, 34th F11.
`San Francisco, CA 941-05
`
`U Via Hand Delivery
`C] Via Express Delivery
`Via First Class Mail
`U Other:
`
`On»Behalfof Respondent ALIPHCOM d/b/a Jawbone. Inc.:
`
`Stephen R. Smith
`COOLEY LLP
`1299 Pennsylvania Avenue, NW, Suite 700
`Washington, DC 20004
`
`U Via Hand Delivery
`U Via Express Delivery
`E Via First Class Mail
`[1 Other:
`
`On Behalf of Respondent Sennheiser Electronic GmbH & co.
`KG and Sennheiser Electronic Corp0rati0n.:
`‘
`
`Sean DeBruine
`KILPATRICK TOWNSEND & STOCKTON LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`
`U Via Hand Delivery
`U Via Express Delivery
`[E Via First Class Mail
`11 Other:
`
`Petitioner's Exhibit 1028
`Page 004
`
`