UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`CERTAIN WIRELESS HEADSETS
`
`Investigation No. 337-TA-943
`(Remand)
`
`NOTICE OF COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
`DETERMINATION GRANTING A JOINT MOTION TO TERMINATE THE
`INVESTIGATION AS TO RESPONDENT GN NETCOM A/S BASED ON A
`SETTLEMENT AGREEMENT;
`TERMINATION OF THE INVESTIGATION
`
`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. 29) granting a joint motion
`to terminate the above-captioned remand investigation as to the last-remaining respondent, GN
`Netcom A/S d/b/a Jabra ofBallerup, Denmark ("GN"), based on a settlement agreement. The
`investigation is terminated in its entirety.
`
`FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone 202-708-2301. 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. International 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 (https://www.usitc.gov). The
`public record for this investigation may be viewed on the Commission's electronic docket
`(EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information 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, California ("One(cid:173)
`E-Way"). 80 FR 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 Nos. 7,865,258 ("the '258
`patent") and 8,131,391 ("the '391 patent"). Id. The notice of investigation named several
`respondents, including GN Netcom A/S d/b/a Jabra of Ballerup ("GN"), Denmark; BlueAnt
`Wireless Pty, Ltd. of Richmond, Australia and BlueAnt Wireless, Inc. of Chicago, Illinois
`( collectively, "BlueAnt"); Creative Technology Ltd. of Singapore and Creative Labs, Inc. of
`
`1
`
`Petitioner's Exhibit 1029
`Page 001
`
`

`

`Milpitas, California (collectively, "Creative"); Sony Corporation of Tokyo, Japan, Sony
`Corporation of America of New York, New York, and Sony Electronics, Inc. of San Diego,
`California (collectively, "Sony"). Id. The Office of Unfair Import Investigations ("OUII") was
`also named as a party to the investigation. Id. The Commission also previously terminated other
`respondents prior to the original termination of the investigation. See Notice (Apr. 20, 2015);
`Notice (June 11, 2015).
`
`On September 21, 2015, the ALJ issued Order No. 17, granting Respondents' motion for
`summary determination that the asserted claims of the '258 and '391 patents are invalid as
`indefinite under 35 U.S.C. § 112, ,r 2 and terminated the investigation with a finding of no
`violation of section 337. Order No. 17 (Sept. 21, 2015). On May 12, 2016, the Commission
`affirmed the ID with modification. 81 FR 31257 (May 18, 2016). Thereafter, One-E-Way filed
`a notice of appeal in the U.S. Court of Appeals for the Federal Circuit (Appeal No. 2016-2105).
`
`On June 12, 2017, the Court reversed the Commission's summary determination that the
`asserted claims are invalid as indefinite under § 112, ,r 2 and remanded the investigation to the
`Commission for further proceedings. One-E-Way, Inc. v. ITC, 859 F.3d 1059 (Fed. Cir. 2017).
`On October 13, 2016, the Commission remanded the investigation to the ALJ for further
`proceedings consistent with the Court's decision. Order (Oct. 13, 2016). OUII is not
`participating in the remand proceedings. The Commission previously terminated Sony, Creative,
`and BlueAnt from the remand investigation. Order 24 (Feb. 26, 2018) (unreviewed Notice (Mar.
`20, 2018)); Order No. 25 (June 26, 2018) (unreviewed Notice (July 17, 2018)); Order No. 28
`(Aug. 1, 2018) (unreviewed Notice (Aug. 15, 2018)).
`
`On August 2, 2018, One-E-Way and GN filed a joint motion to terminate the remand
`investigation as to GN based upon a settlement and license agreement. The motion was
`unopposed, and no responses to the motion were filed.
`
`On August 6, 2018, the ALJ issued the subject ID pursuant to Commission Rule
`210.21(b) (19 CFR 210.21(b)), granting the joint motion to terminate GN based on a settlement
`and license agreement. The ID finds that the settlement agreement is consistent with the
`requirements of Commission Rule 210 .21 (b )(1) (19 CFR 210 .21 (b )( 1) ). The ID also finds,
`pursuant to Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), that the requested
`termination does not impose any undue burdens on the public health and welfare, competitive
`conditions in the United States economy, production oflike or directly competitive articles in the
`United States, or United States consumers. No petitions for review were filed.
`
`The Commission has determined not to review the subject ID. As GN is the last
`remaining respondent, the termination of GN also terminates the remand investigation in its
`entirety.
`
`2
`
`Petitioner's Exhibit 1029
`Page 002
`
`

`

`The authority for the Commission's determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of
`Practice and Procedure (19 CFR Part 210).
`·
`
`By order of the Commission.
`
`Issued: August 17, 2018
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`Petitioner's Exhibit 1029
`Page 003
`
`

`

`CERTAIN WIRELESS HEADSETS
`
`Inv. 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 August 17, 2018.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant One-E-Way, Inc.:
`
`Douglas G. Muehlhauser, Esq.
`KNOBBE, MARTENS, OLSEN & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`
`On Behalf of Respondents GN Netcom A/S d/b/a Jabra:
`
`William B. Nash, Esq.
`HA YNES AND BOONE, LLP
`112 East Pecan, Suite 1200
`San Antonio, TX 78205
`
`D Via Hand Delivery
`D Via Express Delivery
`IZI Via First Class Mail
`D Other: - - - - - -
`
`D Via Hand Delivery
`D Via Express Delivery
`IZI Via First Class Mail
`D Other: . _____ _
`
`Petitioner's Exhibit 1029
`Page 004
`
`