UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CONTAINING SAME
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`
`Inv. No. 337—TA-825
`
`NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of investigation pursuant to 19 U.S.C. § 1337
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on December 7, 2011, under section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. § 1337, on behalf of Knowles Electronics LLC of Itasca, Illinois. A
`supplement to the Complaint was filed on December 21, 2011. The complaint, as supplemented,
`alleges violations of 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 silicon microphone
`packages and products containing same by reason of infringement of certain claims of U.S.
`Patent No. 7,439,616 (“the ‘6l6 patent”) and U.S. Patent No. 8,018,049 (“the ‘049 patent”). The
`complaint further alleges that an industry in the United States exists or is in the process of being
`established as required by subsection (a)(2) of section 337.
`
`The complainant requests that the Commission institute an investigation and, after the
`investigation, issue an exclusion order and cease and desist orders.
`
`ADDRESSES: The complaint, except for any confidential information contained therein, is
`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., Room 112, Washington,
`D.C. 20436, telephone (202) 205—2000. Hearing impaired individuals are advised that
`information on this matter can be obtained by contacting the Commission’s TDD terminal on
`(202) 205-1810. Persons with mobility impairments who will need special assistance in gaining
`access to the Commission should contact the Office of the Secretary at (202) 205-2000. General
`information concerning the Commission may also be obtained by accessing its internet server at
`http://www.usitc.goV. The public record for this investigation may be viewed on the
`Commission's electronic docket (EDIS) at http://edis.usitc.gov.
`
`FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations,
`U.S. International Trade Commission, telephone (202) 205—2560.
`
`

`
`AUTHORITY: The authority for institution of this investigation is contained in section 337 of
`the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice
`and Procedure, 19 C.F.R. § 210.10 (2011).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade
`Commission, on January 6, 2012, ORDERED THAT —
`
`(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an
`investigation be instituted to determine whether there is a Violation of subsection (a)(1)(B) of
`section 337 in the importation into the United States, the sale for importation, or the sale within
`the United States after importation of certain silicon microphone packages and products
`containing same that infringe one or more of claims 1, 2, and 8-18 of the ‘616 patent and claims
`1, 2, 5, 6, 11, 12, 15, 16, 19, 21-23, and 26 ofthe ‘049 patent, and whether an industry in the
`United States exists as required by subsection (a)(2) of section 337;
`
`(2) For the purpose of the investigation so instituted, the following are hereby named as
`parties upon which this notice of investigation shall be served:
`
`(a) The complainant is:
`
`Knowles Electronics LLC
`
`1 151 Maplewood Drive
`Itasca, IL 60143
`
`(b) The respondents are the following entities alleged to be in violation of section
`337, and are the parties upon which the complaint is to be served:
`
`Analog Devices Inc.
`One Technology Way
`P.O. Box 9106
`
`Norwood, MA 02062-9106
`
`Amkor Technology, Inc.
`1900 South Price Road
`
`Chandler, AZ 85286
`
`Avnet, Inc.
`221 1 South 47th Street
`
`Phoenix, AZ 85034
`
`(c) The Office of Unfair Import Investigations, U.S. International Trade
`Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
`
`(3) For the investigation so instituted, the Chief Administrative Law Judge, U.S.
`International Trade Commission, shall designate the presiding Administrative Law Judge.
`
`

`
`Responses to the complaint and the notice of investigation must be submitted by the
`named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and
`Procedure, 19 C.F.R. § 210.13. Pursuant to 19 C.F.R. §§ 20l.l6(d)-(e) and 210.13(a), such
`responses will be considered by the Commission if received not later than 20 days after the date
`of service by the Commission of the complaint and the notice of investigation. Extensions of
`time for submitting responses to the complaint and the notice of investigation will not be granted
`unless good cause therefor is shown.
`
`Failure of a respondent to file a timely response to each allegation in the complaint and
`in this notice may be deemed to constitute a waiver of the right to appear and contest the
`allegations of the complaint and this notice, and to authorize the administrative law judge and the
`Commission, without further notice to the respondent, to find the facts to be as alleged in the
`complaint and this notice and to enter an initial determination and a final determination
`containing such findings, and may result in the issuance of an exclusion order or a cease and
`desist order or both directed against the respondent.
`
`By order of the Commission.
`
`0On 0On en
`
`J 12 es R. Holbein
`
`Secretary to the Commission
`
`Issued: January 9, 2012
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`A
`
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS CONTAINING
`
`II1V- N0. 337-TA-325
`
`SAME
`
`DESIGNATION OF OUH ATTORNEY
`
`FOR SERVICE OF PROCESS
`
`The Office of Unfair Import Investigations ("OUII”) hereby designates Mareesa A.
`
`Frederick, Esq., (202) 205-2055, Mareesa.Frederick@usitc.gov, as OUII's lead attorney for
`
`service of process.
`
`It is requested that all documents served by the Commission or filed by the
`
`parties in the above-referenced investigation he served upon this attorney.
`
`Respectfully submitted,
`
`19"‘ 1Q’U“LQ’/UL.
`L.vine, Director
`
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`
`US International Trade Commission
`
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`(202) 205-2560
`A
`(202) 205—2158 (facsimile)
`
`January 9, 2012
`
`

`
`Page 1 — Certificate of Service
`
`CERTAIN SILICON MICROPHONE PACKAGES AND
`PRODUCTS CONTAINING SAME
`
`337—TA-825
`
`CERTIFICATE OF SERVICE
`
`1, James R. Holbein, hereby certify that the attached NOTICE OF INVESTIGATION
`and DESIGNATION OF OUII ATTORNEY FOR SERVICE OF PROCESS has
`
`been served by hand upon the Commission Investigative Attorney, Mareesa A. Frederick,
`Esq., and the following parties as indicated, on
`January 10, 2012
`
`
`: es R. Holbein, Secretary
`U.S. International Trade Commission
`
`500 E Street, SW
`
`Washington, DC 20436
`
`Comglainantz
`
`Knowles Electronics LLC
`1151 Maplewood Drive
`Itasca, IL 60143
`
`On Behalf of Complainant:
`
`Richard L. Rainey, Esq.
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004-
`
`Respondents:
`
`Analog Devices Inc.
`One Technology Way
`P.O. Box 9106
`Norwood, MA 02062
`
`Amkor Technology, Inc.
`1900 South Price Road
`Chandler, AZ 85286
`
`( Via Hand Delivery
`Via Overnight Mail
`( ) Via First Class Mail
`( ) Other:
`
`( ) Via Hand Delivery
`gf Via Overnight Mail
`( ) Via First Class Mail
`( ) Other:
`
`( ) Via Hand Delivery
`(IQ Via Overnight Mail
`( ) Via First Class Mail
`( ) Other:
`
`( Via Hand Delivery
`) Via Overnight Mail
`( ) Via First Class Mail
`( ) Other:
`
`

`
`Page 2 — Certificate of Service
`
`Avnet, Inc.
`2211 South 471‘ Street
`
`Phoenix, AZ 850346
`
`Government Agencies:
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`
`U.S. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`U.S. Bureau of Customs and Border Protection
`
`Intellectual Property Rights Branch
`Mint Annex Building
`799 9”‘ Street, NW, 7”‘ floor
`Washington, DC 20229-1 177
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`
`Federal Trade Commission
`
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Richard Lambert, Esq.
`Office of Technology Development Services
`Dept. of Health & Human Services
`National Institutes of Health
`
`6610 Rockledge Drive, Room 2800, MSC 6606
`Bethesda, MD 20892
`
`( ) Via Hand Delivery
`@ Via Overnight Mail
`( ) Via First Class Mail
`( ) Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(-4) Via First Class Mail
`( ) Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(3 Via First Class Mail
`( ) Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(«:3 Via First Class Mail
`( )Other:
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(Ȥ Via First Class Mail
`( ) Other:
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Avnet Inc.
`
`221 1 South 47th Street
`
`Phoenix, Arizona 850346
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337-TA-825
`
`Dear Sir/Madam
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Avnet Inc.
`is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Since ly,
`
`J
`
`es R. Holbein
`
`Secretary
`
`Enclosures:
`
`LII-bUJl\.)»-—I
`
`. Complaint
`. Notice of Investigation
`. Code of Federal Regulation
`. Publication No. 4275 Regarding the Section 337 Mediation Program
`. Certification of Receipt of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Amkor Technology Inc.
`1900 South Price Road
`
`Chandler, Arizona 85286
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337—TA-825
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Amkor
`Technology Inc. is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`.g/We
`
`s R Holbein
`
`Secretary
`
`Enclosures:
`
`l. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication No. 4275 Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Analog Devices Inc.
`One Technology Way PO Box 9106
`Norwood, Massachusetts 02062
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337-TA-825
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Analog
`Devices Inc. is a named respondent in this investigation.
`'
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`flfierg
`%R. Holbein
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication No. 4275 Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Richard L. Rainey
`Covington & Burling LLP
`1201 Pennsylvania Ave, NW
`Washington, DC 20004
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337—TA-825
`
`Dear Richard L. Rainey:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Since
`
`,
`
` /K
`
`ames R. Holbein
`
`Secretary
`
`Enclosures:
`
`1. Notice of Investigation
`2. Publication No. 4275 Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Knowles Electronics LLC
`
`1 151 Maplewood Drive
`Itasca, Illinois 60143
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337-TA-825
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`,£e/4444*
`
`es R. Holbein
`
`Secretary
`
`Enclosures:
`
`1. Notice of Investigation
`2. Publication No. 4275 Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Richard Lambert, Esq.
`Office of Technology Development Services
`Dept. of Health and Human Services
`National Institutes of Health
`
`6610 Rockledge Drive, Room 2800, MSC 6606
`Bethesda, Marlyand 20892
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337-TA-825
`
`Dear Mr. Lambert, Esq.:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`fflfia./.
`
`es R. Holbein
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`
`Federal Trade Commission
`
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337-TA-825
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sin rely,
`
`/1
`
`es R.
`
`olbein
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`U.S. Bureau of Customs and Border Protection
`
`Intellectual Property Rights Branch
`Mint Annex Building
`799 9th Street, NW, 7th Floor
`Washington, DC 20229-1177
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337-TA-825
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney Whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`J
`
`es R. Holbein
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`January 10, 2012
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`
`U.S. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re:
`
`Certain Silicon Microphone Packages and Products Containing Same
`Inv. No. 337—TA-825
`
`Dear Mr. Hand:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided uponrequest.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
` R.Holbein
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation