UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`Before the Honorable Thomas B. Pender
`Administrative Law Judge
`
`
`In The Matter Of
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`
`Investigation No. 337-TA-825
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`COMPLAINANT KNOWLES ELECTRONICS, LLC’S UNOPPOSED
`MOTION TO TERMINATE INVESTIGATION
`WITH RESPECT TO CERTAIN CLAIMS
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`For the purpose of narrowing this Investigation, Complainant Knowles Electronics, LLC
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`(“Knowles”) moves pursuant to Commission Rule 210.21(a) to terminate this investigation, in
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`part, by withdrawing the allegations in its complaint as to claims 2, 5, and 6 of U.S. Patent No.
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`8,018,049 (the “’049 Patent”).
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`Pursuant to Commission Rule 210.21(a)(1), Knowles states that there are no agreements,
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`written or oral, express or implied between the parties concerning the subject matter of this
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`motion. Pursuant to Rule 5.1.2 of the Ground Rules, counsel for Knowles made reasonable,
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`good-faith efforts to contact and resolve this matter with counsel for Respondents Analog
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`Devices, Inc., Avnet Inc., and Amkor Technology, Inc. (collectively, “Respondents”), at least
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`two days prior to filing this motion. Counsel for Respondents has indicated that Respondents
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`will not oppose this motion to terminate the claims at issue.
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`In view of the foregoing, Knowles respectfully requests that the above-captioned
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`Investigation be terminated as claims 2, 5, and 6 of the ’049 Patent. Should this motion be
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`granted, Knowles expects to continue this Investigation as to claims 1, 11, 12, 15, 16, 19, 21-23,
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`and 26 of the ’049 Patent, and as to claims 1, 2, and 8-18 of U.S. Patent No. 7,439,616.
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`Dated: May 8, 2012,
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`Respectfully submitted,
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`/s/ Alexander D. Chinoy
`Sturgis M. Sobin (ssobin@cov.com)
`Alexander D. Chinoy (achinoy@cov.com)
`Paul J. Wilson (pwilson@cov.com)
`David A. Garr (dgarr@cov.com)
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`
`Washington, D.C. 20004‐2401
`Telephone: (202) 662‐6000
`Facsimile: (202) 662‐6291
`
`
`Eric Hellerman (ehellerman@cov.com)
`COVINGTON & BURLING LLP
`The New York Times Building
`620 Eighth Avenue
`New York, N.Y. 10018-1405
`Telephone: (212) 841-1000
`Facsimile: (212) 841-1010
`
`Counsel for Complainant Knowles Electronics,
`LLC
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`2
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`Before the Honorable Thomas B. Pender
`Administrative Law Judge
`
`
`In The Matter Of
`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`
`Investigation No. 337-TA-825
`
`MEMORANDUM IN SUPPORT OF COMPLAINANT KNOWLES ELECTRONICS,
`LLC’S UNOPPOSED MOTION TO TERMINATE INVESTIGATION
`WITH RESPECT TO CERTAIN CLAIMS
`
`Complainant Knowles Electronics, LLC (“Knowles”) has moved pursuant to
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`
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`Commission Rule 210.21(a) to terminate this investigation, in part, by withdrawing the
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`allegations in its complaint as to claims 2, 5, and 6 of U.S. Patent No. 8,018,049 (the “’049
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`Patent”).
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`There are no procedural impediments to granting the instant motion. Commission Rule
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`210.21(a)(1) provides in relevant part that “[a]ny party may move at any time prior to the
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`issuance of an initial determination on violation of section 337 of the Tariff Act of 1930 to
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`terminate an investigation in whole or in part as to any or all respondents, on the basis of
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`withdrawal of the complaint or certain allegations contained therein.” Here, no initial
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`determination on violation has been issued. Knowles also states, pursuant to Rule 210.21(a)(1),
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`that “there are no agreements, written or oral, express or implied between the parties concerning
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`the subject matter of this motion.”
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`This motion is in the best interest of the parties, the court, and the public. Withdrawal of
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`the identified claims will help focus the parties’ efforts at the hearing and will narrow the issues
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`for the Administrative Law Judge and Commission, thereby preserving private and public
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`1
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`resources. This is particularly true given the early state of the litigation: this motion is filed
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`more than four months in advance of the hearing, which is scheduled for September 24, 2012,
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`and well in advance of the initial determination, which is scheduled to issue on January 11, 2013.
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`Under these circumstances, motions for partial termination are routinely granted. See, e.g.,
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`Certain Electronic Digital Media Devices and Components Thereof, Inv. No. 337-TA-796,
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`Order. No. 17 (April 17, 2012) (hereinafter “Certain Electronic Media”) (granting motion for
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`partial termination as to certain claims because “public and private resources will be
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`conserved”); Certain Tool Handles, Tool Holders, Tool Sets, and Components Thereof, Inv. No.
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`337-TA-483, Order No. 7 (Apr. 22, 2003) (granting motion for partial termination as to certain
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`claims because “a reduction in the number of patent claims at issue will allow the parties to focus
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`their attention on the ‘primary’ patent claims in a more expeditious manner and will also reduce
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`the time and resources required from all of the parties and the administrative law judge”).
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`The respondents in this case do not oppose this motion, and no extraordinary
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`circumstances exist that justify denying it. See Certain Transport Vehicle Tires, Inv. No. 337-
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`TA-390, Order No. 17 at 4-5 (Jan. 30, 1997) (“In the absence of extraordinary circumstances,
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`termination of the investigation will be readily granted to a complainant during the prehearing
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`stage of an investigation.” (quoting Certain Ultrafiltration Membrane Systems, and Components
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`Thereof, Including Ultrafiltration Membranes, Inv. No. 337-TA-107, Commission Action and
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`Order at 2 (Mar. 11, 1982))); see also Certain Electronic Media (“In the absence of
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`extraordinary circumstances . . . partial termination will be granted.” (emphasis added)).
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`Based on the foregoing, Knowles respectfully requests that its motion be granted, and
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`that the above-captioned Investigation be terminated as claims 2, 5, and 6 of the ’049 Patent.
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`Should this motion be granted, Knowles expects to continue this Investigation as to claims 1, 11,
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`2
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`12, 15, 16, 19, 21-23, and 26 of the ’049 Patent, and as to claims 1, 2, and 8-18 of U.S. Patent
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`No. 7,439,616.
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`Dated: May 8, 2012,
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`Respectfully submitted,
`
`/s/ Alexander D. Chinoy
`Sturgis M. Sobin (ssobin@cov.com)
`Alexander D. Chinoy (achinoy@cov.com)
`Paul J. Wilson (pwilson@cov.com)
`David A. Garr (dgarr@cov.com)
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`
`Washington, D.C. 20004‐2401
`Telephone: (202) 662‐6000
`Facsimile: (202) 662‐6291
`
`
`Eric Hellerman (ehellerman@cov.com)
`COVINGTON & BURLING LLP
`The New York Times Building
`620 Eighth Avenue
`New York, N.Y. 10018-1405
`Telephone: (212) 841-1000
`Facsimile: (212) 841-1010
`
`Counsel for Complainant Knowles Electronics,
`LLC
`
`3
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`

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`In the Matter of Certain Silicon Microphone
`Packages and Products Containing Same
`
`
`
`CERTIFICATE OF SERVICE
`
`Inv. No.: 337-TA-825
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`
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`I, Melissa Sackin, certify that on May 8, 2012, copies of the foregoing
`COMPLAINANT KNOWLES ELECTRONICS, LLC’S UNOPPOSED MOTION TO
`TERMINATE INVESTIGATION WITH RESPECT TO CERTAIN CLAIMS AND
`MEMORANDUM IN SUPPORT THEREOF were delivered, pursuant to U. S. International
`Trade Commission regulations, to the following interested parties as indicated:
`
`Via EDIS
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`Two copies via hand delivery and via email:
`gregory.moldafsky@usitc.gov
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`Counsel for Respondents Analog Devices,
`Inc., Amkor Technology Inc. and Avnet Inc.
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`Via email:
`Analog-825@orrick.com
`
`
`
`/s/ Melissa Sackin
`Melissa Sackin
`Senior IP Litigation Specialist
`COVINGTON & BURLING LLP
`1201 Pennsylvania Ave., NW
`Washington, DC 20004-2401
`msackin@cov.com
`202.662.6677
`
`The Honorable James Holbein
`Secretary to the Commission
`U.S. INTERNATIONAL TRADE
`COMMISSION
`500 E Street, SW
`Washington, DC 20436
`The Honorable Thomas B. Pender
`Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, SW
`Washington, DC 20436
`Steven M. Bauer
`PROSKAUER ROSE LLP
`One International Place
`Boston, MA 02110
`
`Sten Jensen
`Jordan L. Coyle
`ORRICK, HERRINGTON & SUTCLIFFE, LLP
`1152 15th Street, NW
`Washington, DC 20005
`
`
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`Certificate of Service Page 1