Notice2022-17660
Certain Earpiece Devices and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Advisory Opinion Proceeding Based on Settlement; Termination of the Advisory Opinion Proceeding
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Published
August 17, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 6), granting a joint motion to terminate the advisory opinion proceeding based on settlement. The advisory opinion proceeding is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 158 (Wednesday, August 17, 2022)</title>
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[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50647-50648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17660]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1121 (Advisory Opinion Proceeding)]
Certain Earpiece Devices and Components Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting a Joint Motion To Terminate the Advisory Opinion Proceeding
Based on Settlement; Termination of the 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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 6),
granting a joint motion to terminate the advisory opinion proceeding
based on settlement. The advisory opinion proceeding is terminated.
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#61242528325229040d112114120815024f060e17"><span class="__cf_email__" data-cfemail="a6e3e2eff595eec3cad6e6d3d5cfd2c588c1c9d0">[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 the original
investigation on June 29, 2018, based on a complaint filed on behalf of
Bose Corporation (``Bose'') of Framingham, Massachusetts. 83 FR 30776
(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 was also named
as a party in the original investigation.
On October 31, 2019, the Commission issued a general exclusion
order (``GEO''), a limited exclusion order (``LEO''), 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 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 LEO covers the '253 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 Trading, LLC (``Fantasia''), the
importer of record, filed a 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.
On March 8, 2022, the Commission 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. 87 FR 14287 (Mar. 14, 2022). The
Commission further determined to refer the matter to the Chief ALJ for
assignment to an ALJ for appropriate proceedings and to issue an
initial advisory opinion (``IAO'') at the earliest practicable time,
preferably within 120 days of institution, but no later than 7 months
after institution. The ALJ was directed to set a target date at two
months following the date of issuance of the IAO. The following
entities were named as parties to the proceeding: (1) Bose; and (2)
Fantasia.
On July 1, 2022, Fantasia and Bose filed a joint motion to
terminate the advisory opinion proceeding based on a settlement
agreement. ID at 1. The joint motion attached redacted public and
confidential versions of the settlement agreement. Id. at 3.
On July 14, 2022, the ALJ issued the subject ID (Order No. 6),
granting the joint motion to terminate the advisory opinion proceeding.
The ID found that the motion to terminate complies with Commission Rule
210.21(a), 19 CFR 210.21(a), and there is no evidence that terminating
this investigation based on the settlement agreement would be contrary
to the public interest. Id. at 2-4. No petition for review of the ID
was filed.
The Commission has determined not to review the subject ID. The
advisory opinion proceeding is terminated.
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The Commission vote for this determination took place on August 11,
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: August 11, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17660 Filed 8-16-22; 8:45 am]
BILLING CODE 7020-02-P
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