UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`
`In the Matter of
`
`
`CERTAIN EARPIECE DEVICES AND
`
`COMPONENTS THEREOF
`
`
`
`Investigation No. 337-TA-1121
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`NOTICE OF COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
`
`DETERMINATION TERMINATING THE INVESTIGATION AS TO RESPONDENT
`
`ZEIKOS, INC. BASED ON A CONSENT ORDER STIPULATION AND A
`SETTLEMENT AGREEMENT; ISSUANCE OF A CONSENT ORDER
`
`AGENCY:
`
`U.S.'International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the US. International Trade Commission has
`determined not to review the presiding administrative law judge’s (“ALJ”) initial determination
`(“ID”) (Order No. 12) terminating the above-captioned investigation as to Zeikos, Inc. (“Zeikos”)
`based on a consent order stipulation and a Settlement agreement. The Commission has entered a
`consent order.
`'
`
`FOR} FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General
`Counsel, US International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-2392. Copies of non-confidential documents filed in connection with this
`investigation are or will be available for inspection during official business hours (8:45 am. to
`5:15 pm.) in the Office of the Secretary, US. 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 at htth://www.usitc. gov. The
`public record for this investigation may be Viewed on the Commission’s electronic docket (EDIS)
`at httgs://edis. usiz‘c. 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 Comrriission instituted this investigationon June
`29, 2018, based on a complaint filed on behalf of Bose Corporation of Framingham,
`Massachusetts (“Bose”). 83 FR 30,776 (Jun. 29, 2018). The complaint alleges violations of .
`Section337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (“section 337”), 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 US. Patent Nos.: 9,036,852; 9,036,853; 9,042,590;
`
`

`

`8,311,253; 8,249,287; and 9,398,364. The complaint further alleges that an industry in the
`United States exists as required by section 337. The notice of investigation named numerous
`respondents, including Zeikos of Edison, New Jersey. The Office of Unfair Import
`Investigations (“OUII”) was named as a party in this investigation.
`
`On October 12, 2018, Bose and Zeikos filed a joint motion pursuant to Commission
`Rules 210.21(a)(2) and 210.21(b)(1) to terminate the investigation as to Zeikos based on a
`consent order, including a consent order stipulation and proposed consent order, and a settlement
`agreement. OUII filed a response supporting the joint motion.
`
`On November 26, 2018, the ALJ issued Order No. 12, granting the joint motion. The
`.
`ID finds that the motion, consent order stipulation, and proposed consent order satisfy the
`requirements of Commission Rules 210.21(c)(3) and (c)(4). The ID also finds that the motion
`and settlement agreement satisfy the requirements of Commission Rule 210.21(b)(1). The ID
`further finds that termination of the investigation as to Zeikos would not be contrary to the public
`interest. No party petitioned for review of the ID.
`
`The Commission has determined not to review the ID.
`
`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 C.F.R. Part 210).
`
`By order of the Commission.
`
`WW'
`
`Lisa R. Barton
`
`Secretary to the Commission
`
`Issued: December 19, 2018
`
`

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`CERTAIN EARPIECE DEVICES AND COMPONENTS
`THEREOF
`'
`'
`
`Inv. No. 337-TA-1 121
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`PUBLIC CERTIFICATE OF SERVICE
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`1, Lisa R. Barton, hereby-certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Todd Taylor, Esq., and the following parties as
`indicated, on December 19, 2018.
`
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112
`
`Washington, DC 20436
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`On Behalf of Complainants Bose Corporation:
`
`Andrew Kopsidas, Esq.
`FISH & RICHARDSON P.C.
`1000 Maine Avenue, S.W., 10th Floor
`Washington, DC 20024
`
`D Via Hand Delivery
`Via Express Delivery
`Cl Via First Class Mail .
`1:] Other:
`
`On'Behalf of Respondent Sunvalley Tek International, Inc.
`Kimberly A. Donovan, Esq.
`GCA LAW PARTNERS LLP
`2570 W. El Camino Real, Suite 400
`Mountain View, CA 94040
`
`6
`
`-
`_ D Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`D Other:
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`On Behalf of Respondent Spigen, Inc.
`Heedong Chae, Esq.
`Lucem, PC
`'
`660 S. Figueroa St. Suite 1200
`
`.
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`Respondents:
`
`lMORE USA, Inc.
`10225 Barnes Canyon Rd.. SUltC A202
`San Dlegoa CA 92121
`
`1
`
`I
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`|:| Via Hand Delivery
`Via Express Delivery
`III Via First Class Mail
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`l:| Other:
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`Cl Via Hand Delivery
`Via Express Delivery
`E] Via First Class Mail
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`|:l Other:
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`Beeebo Online Limited
`3837 Bay Lake Trail, Suite 115
`North Las Vegas, NV 89030
`
`.
`
`I
`
`El Via Hand Delivery
`E Via Express Delivery
`El Via First Class Mail
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`

`

`CERTAIN EARPIECE DEVICES AND COMPONENTS
`THEREOF
`
`Inv. No. 337-TA-1121
`
`. Certificate of Service — Page 2
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`Zeikos, Inc.
`19 Progress St.
`Edison, NJ 08820
`
`Misodiko
`
`NanShanQu XiLiJieDao PingShanCun
`192 Dong 509
`ShenZhen GuangDong 518055 CN
`
`Phaiser LLC
`
`‘
`
`909 Silber Road
`
`Houston, TX 77024
`
`Phonete
`
`A—201 No. 1 Qianwan Yilu
`Qianhai Shenggang hezuoqu,
`Shenzhen, CN
`.
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`REVJAMS
`
`248 Lafayette St.
`New York, NY 10012
`
`V4ink, Inc.
`1241 S. Rockfeller Ave Unit B
`
`Ontario, CA 91761
`
`TomRich
`
`Room 842, 3B, HuaNanXiYuan
`PingHu town, LongGang District
`Shenzhen: 518100 CN
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`1:! Other:
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`[:1 Via Hand Delivery
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`Via Express Delivery
`CI Via First Class Mail
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`[:1 Other:
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`[:1 Via Hand Delivery
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`Via Express Delivery
`CI Via First Class Mail.
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`D Other:
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`D Via Hand Delivery
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`IX! Via Express Delivery
`CI Via First Class Mail
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`D Other:
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`E] Via Hand Delivery
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`Via Express Delivery
`Cl Via First Class Mail
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`CI Other:
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`Cl Via Hand Delivery
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`Via Express Delivery
`[:1 Via First Class Mail
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`CI Other:
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`1:] Via Hand Delivery
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`Via Express Delivery
`CI Via First Class Mail
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`CI Other:
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`1:] Via Hand Delivery .
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`Via Express Delivery
`Cl Via First Class Mail
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`D .Other:
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