`
`August 7. 2017
`
`Via Electronic Filing
`
`The Hon. Rhonda K. Schmidtlein, Chairman
`
`The Hon. David S. Johanson, Vice Chairman
`United States International Trade Commission
`
`500 E Street, SW
`
`Washington, DC. 20436
`
`Re:
`
`Under Armour. lnc.'s Statement on the Public Interest
`
`Certain Semiconductor Devices, Semiconductor Device Packages, and
`Products Containing the Same, Inv. No. 337-TA- 10 10
`
`Dear Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners:
`
`On behalf of Under Armour, I respectfully submit these comments in response to the
`
`Commission's Notice of Request for Statements on the Public Interest in the matter of
`
`Certain Semiconductor Devices, Semiconductor Device Packages, and Products
`
`Containing the Same, Inv. No. 337-TA—1 01. dated July 10, 2017.
`
`Founded in 1996 and based in Baltimore, Maryland, Under Armour is a provider of
`
`athletic apparel, footwear, sporting goods, and accessories. including health and
`
`fitness—related consumer electronic devices.
`
`In 2016, Under Armour's revenues
`
`reached $4.8 billion.
`
`Under Armour is deeply concerned about the potential impact of an exclusion order on
`
`its business. In partnership with HTC (one of the respondents in this Investigation),
`
`Under Armour provides the HealthBox fitness system, the world's first fitness system
`
`created specifically to constantly measure, monitor, and manage core factors relating
`
`to health, such as body weight, body fat percentage, and progress towards fitness
`
`goals, among other things. The HealthBox's unique features allow Under Armour to
`
`remain competitive in the growing fitness-related “wearable tech" space.
`
`
`
`
`
`More importantly, this technology provides a valuable resource to American
`
`consumers hoping to improve their overall health and fitness.1
`
`Under Armour understands that the Administrative Law Judge (ALJ) in this
`
`Investigation has recommended an exclusion order and a cease and desist order
`
`relating to products containing accused semiconductor chips. An expansive remedial
`
`order such as the one the ALJ has recommended here poses significant
`
`repercussions to Under Armour, as it does not have an alternative supplier for its
`
`HealthBox product.
`
`If the Commission adopts the ALJ's recommended remedy, Under
`
`Armour will not be able to offer its HealthBox product to its customers, leading not
`
`only to lost sales for our company, but also to a loss of opportunities for American
`
`consumers to take advantage of this important health-related technology.
`
`While Under Armour expresses no opinion on the merits of the Investigation, we are
`
`deeply concerned about the impact a remedial order may have on our ability to
`
`provide important fitness-related technology to our customers. If the Commission
`
`determines a remedy of some kind is appropriate, we urge you to consider tailoring
`
`any remedial order to avoid disruption to Under Armour's ability to offer the HealthBox
`
`to its customers, such as by delaying by six or more months the imposition of any
`
`remedy to allow HTC to qualify non-accused chips for this product.
`
`Sincerely,
`
`Lulu, PH looms
`
`G-Em’m mammal,
`C olu near-i D DE r-‘us
`
`
`
`1 Obesity in the United States has been increasingly cited as a major health crisis in recent
`decades, and is the cause of hundreds of thousands of deaths each year. See, e.g..
`http://ajcn.nutrition.org/content/82/1/207S.full.
`
`
`
`CERTIFICATE OF SERVICE
`
`The Honorable Dee Lord
`Administrative Law Judge
`U.S. International Trade Commission
`500 E. Street SW, Room 317
`Washington, D.C. 20436
`
`I, Pamela A. Freitik, hereby certify that the attached document has been served upon the
`
`following parties as indicated below on August 7, 2017.
`
`☒ Via EDIS
`The Honorable Lisa R. Barton
`☐ Via First Class Mail
`Secretary to the Commission
`☐ Via Express Delivery
`U.S. International Trade Commission
`☒ Via Hand Delivery
`500 E Street SW, Room 112-A
`Washington, D.C. 20436
`
`☐ Via EDIS
`Sidney A. Rosenzweig
`☐ Via First Class Mail
`Office of the General Counsel
`☐ Via Express Delivery
`U.S. International Trade Commission
`☐ Via Hand Delivery
`500 E Street SW
`☒ Via Electronic Mail at
`Washington, D.C. 20436
`
`sidney.rosenzweig@usitc.gov
`
`☐ Via First Class Mail
`☐ Via Express Delivery
`☒ Via Hand Delivery
`☒ Via Electronic Mail at
`edward.jou@usitc.gov
`
`☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Tessera-Broadcom@cov.com
` ☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Tessera-Broadcom@cov.com
`
`
`
`
`
`
`Sturgis M. Sobin
`Shara Aranoff
`Daniel E. Valencia
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, N.W.
`Washington, D.C. 20001
`
`
`Michael K. Plimack
`Dale A. Rice
`Nitin Subhedar
`COVINGTON & BURLING LLP
`One Front Street
`San Francisco, CA 94111
`
`
`
`
`
`
`
`
`
`
`
`
`Robert T. Haslam
`Anupam Sharma
`Thomas E. Garten
`COVINGTON & BURLING LLP
`333 Twin Dolphin Drive
`Redwood Shores, CA 94065-1418
`
`
`Counsel for Complainants Tessera Technologies,
`Inc., Tessera, Inc. and Invensas Corporation
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`David E. Sipiora
`Kristopher L. Reed
`Matthew C. Holohan
`Brian P. O’Donnell
`1400 Wewatta Street, Suite 600
`Denver, CO 80202
`
`Joshua B. Pond
`607 14th Street, NW, Suite 900
`Washington, D.C. 20005-2018
`
`
`
`
`
`
`Norris P. Boothe
`Matthew J. Meyer
`William E. Mosley
`1080 Marsh Road
`Menlo Park, CA 94025
`
`
`
`
`FOSTER MURPHY ALTMAN & NICKEL PC
`David F. Nickel
`Matthew N. Duescher
`1899 L Street, N.W., Suite 1150
`Washington, D.C. 20036
`
`Counsel for Respondents Broadcom Limited,
`Broadcom Corporation, Arista Networks, Inc. ARRIS
`International plc, ARRIS Group, Inc., ARRIS
`Technology, Inc., ARRIS Enterprises LLC, ARRIS
`
`
`
`☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Tessera-Broadcom@cov.com
`
`
`
`☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Broadcom-
`TesseraITC@kilpatricktownsend.com
`
` ☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Broadcom-
`TesseraITC@kilpatricktownsend.com
`
` ☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Broadcom-
`TesseraITC@kilpatricktownsend.com
`
` ☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`FM-Broadcom-
`1010@fostermurphy.com
`
`
`
`
`Solutions, Inc. , Pace Ltd., Pace Americas, LLC, Pace
`USA, LLC, ASUSTeK Computer Inc., ASUS
`Computer International, Comcast Cable
`Communications, LLC, Comcast Cable
`Communications Management, LLC, Comcast
`Business Communications, LLC, Technicolor S.A.,
`Technicolor USA, Inc., Technicolor Connected Home
`USA LLC, NETGEAR, Inc., HTC Corporation and
`HTC America, Inc.
`
`David A. Hickerson
`George C. Beck
`Foley & Lardner LLP
`3000 K Street, N.W., Suite 600
`Washington, D.C. 20007-5109
`
`
`Steven J. Rizzi
`Ramy E. Hanna
`Foley & Lardner LLP
`90 Park Avenue
`New York, New York 10016-1314
`
`
`Counsel for Broadcom Limited
`and Broadcom Corporation
`
`
`
`
`☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Broadcom-Foley@Foley.com
` ☐ Via EDIS
`☐ Via First Class Mail
`☐ Via Express Delivery
`☐ Via Hand Delivery
`☒ Via Electronic Mail at
`Broadcom-Foley@Foley.com
`
`
`
`/s/ Pamela A. Freitik
`Pamela A. Freitik
`
`
`
`
`
`
`
`
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