Notice2022-05275
Certain Earpiece Devices and Components Thereof; Institution of an Advisory Opinion Proceeding
Primary source
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Published
March 14, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding as requested by Fantasia Trading, LLC ("Fantasia"). The Commission has also determined to set a target date of 180 days from the date of institution for completion of this proceeding, and to refer this matter to the Chief Administrative Law Judge ("CALJ") for assignment to an administrative law judge ("ALJ") for appropriate proceedings and an initial advisory opinion ("IAO"). The IAO is to be issued at the earliest practicable time, preferably within 120 days from the date of institution, but no later than 7 months after institution.
Full Text
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<title>Federal Register, Volume 87 Issue 49 (Monday, March 14, 2022)</title>
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[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14287-14288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05275]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1121 (Advisory Opinion Proceeding)]
Certain Earpiece Devices and Components Thereof; Institution of
an Advisory Opinion Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute an advisory opinion proceeding
as requested by Fantasia Trading, LLC (``Fantasia''). The Commission
has also determined to set a target date of 180 days from the date of
institution for completion of this proceeding, and to refer this matter
to the Chief Administrative Law Judge (``CALJ'') for assignment to an
administrative law judge (``ALJ'') for appropriate proceedings and an
initial advisory opinion (``IAO''). The IAO is to be issued at the
earliest practicable time, preferably within 120 days from the date of
institution, but no later than 7 months after institution.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2392. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#ebaeafa2b8d8a38e879bab9e98829f88c58c849d"><span class="__cf_email__" data-cfemail="9adfded3c9a9d2fff6eadaefe9f3eef9b4fdf5ec">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 June 29, 2018, based on a complaint filed on behalf of Bose
Corporation (``Bose'') of Framingham, Massachusetts. 83 FR 30,776 (Jun.
29, 2018). The complaint alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain earpiece
devices and components thereof by reason of infringement of one or more
claims of U.S. Patent Nos. 9,036,852 (``the '852 patent''); 9,036,853
(``the '853 patent''); 9,042,590 (``the '590 patent''); 8,249,287
(``the '287 patent''); 8,311,253 (``the '253 patent''); and 9,398,364
(``the '364 patent''). The notice of investigation named fourteen
respondents. The Office of Unfair Import Investigations (``OUII'') was
also named as a party in this investigation.
On February 8, 2019, Bose moved for summary determination of a
violation of section 337. On March 22, 2019, OUII filed a response
supporting Bose's motion in substantial part and supporting the
requested remedy of a general exclusion order (``GEO'').
On June 28, 2019, the presiding ALJ issued an initial determination
(``ID'') (Order No. 16) granting in part Bose's motion for summary
determination of a violation of section 337 with respect to the '852,
'853, '590, '287, and '253 patents by certain respondents who were in
default or did not participate in the investigation.
On August 14, 2019, the Commission reviewed inter alia the economic
prong of the domestic industry requirement with respect to the '364
patent and affirmed with modifications the ID's finding of a violation
of section 337 with respect to the '852, '853, '590, '287, and '253
patents. 84 FR 43159-161 (Aug. 20, 2019). The Commission also requested
additional briefing from the parties on the issue under review and
invited the parties, interested government agencies, and any other
interested parties to file written submissions on the issues of remedy,
the public interest, and bonding. Id. at 43160-161.
On October 31, 2019, the Commission issued a GEO, a limited
exclusion order, and cease and desist orders with respect to certain
claims of the asserted patents other than the '364 patent. 84 FR 59838-
840 (Nov. 6, 2019). The GEO prohibits the unlicensed importation of
certain
[[Page 14288]]
earpiece devices and components thereof that infringe claims 1 and 7
the '852 patent; claims 1 and 8 of the '853 patent; claims 1 and 6 of
the '590 patent; and claims 1, 7, and 8 of the '287 patent. The
Commission also imposed a bond in the amount of one hundred percent
(100%) of the entered value of the imported articles during the period
of Presidential review. The Commission remanded certain issues to the
ALJ and thereafter the '364 patent was withdrawn from the investigation
and the investigation was terminated in its entirety. 84 FR 72382-383
(Dec. 31, 2019).
On February 4, 2022, Fantasia, the importer of record, filed the
subject request for an advisory opinion that Anker's Soundcore Liberty
2 Pro (``A3909''), Soundcore Liberty Neo (``A3911''), and Soundcore
Life Dot 2 (``A3922'') products (collectively, the ``Anker Earphones'')
do not infringe claims 1 and 7 of the '852 patent; claims 1 and 8 of
the '853 patent; claims 1 and 6 of the '590 patent; and claims 1, 7,
and 8 of the '287 patent, and thus are not covered by the GEO issued in
this investigation.
Having reviewed Fantasia's request in view of the record below, the
Commission has determined to institute an advisory opinion proceeding
under Commission Rule 210.79 to ascertain whether the Anker Earphones
infringe claims 1 and 7 of the '852 patent; claims 1 and 8 of the '853
patent; claims 1 and 6 of the '590 patent; and claims 1, 7, and 8 of
the '287 patent, and are covered by the GEO issued in this
investigation. The Commission has further determined to refer the
matter to the CALJ for assignment to an ALJ for appropriate proceedings
and to issue an IAO at the earliest practicable time, preferably within
120 days of institution, but no later than 7 months after institution.
The ALJ shall set a target date at two months following the date of
issuance of the IAO. The target date may be extended for good cause
shown. The following entities are named as parties to the proceeding:
(1) Bose; and (2) Fantasia.
The Commission vote for this determination took place on March 8,
2022.
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: March 8, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-05275 Filed 3-11-22; 8:45 am]
BILLING CODE 7020-02-P
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