UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`In The Matter Of
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`CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS
`CONTAINING SAME
`
`337-TA-825
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`ORDER NO. 9:
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`INITIAL DETERMINATION GRANTING KNOWLES’S MOTION
`FOR PARTIAL TERMINATION WITH RESPECT TO CLAIMS 2, 5,
`AND 6 OF U.S. PATENT NO. 8,018,049
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`(September 21, 2012)
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`On May 8, 2012, complainant Knowles Electronics, LLC (“Knowles”) filed a motion to
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`tenninate the investigation in part with respect to claims 2, 5, and 6 of U.S. Patent No. 8,018,049
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`(“the ’049 patent”). (Motion Docket No. 825-002.) The motion states that Respondents do not
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`oppose the present motion to terminate.
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`Knowles seeks to withdraw its allegations related to claims 2, 5, and 6 of the ’049 patent
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`to simplify this Investigation and conserve the resources of the Commission, the ALJ, and the
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`parties. Knowles states that there are no extraordinary circumstances that should serve to
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`prevent the partial termination as requested by Knowles. Knowles asserts that such partial
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`termination is in the public interest as it would simplify and streamline this Investigation.
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`CommissionRule 2lO.2l(a)(l) states, inter alia:
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`Any party may move at any time prior to the issuance of an initial
`determination on violation of section 337 of the Tariff Act of 1930 to
`terminate an investigation in whole or in part as to any or all respondents,
`on the basis of withdrawal of the complaint or certain allegations
`contained therein, or for good cause other than the grounds listed in
`paragraph (a)(2) of this section.
`The presiding administrative law
`judge may grant the motion in an initial determination upon such terms
`and conditions as he deems proper.
`
`19 C.F.R § 2l0.21(a)(1). A complainant can seek partial termination of an investigation by
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`1
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`withdrawing asserted claims or asserted patents pursuant to Commission Rule 2l0.21(a)(l). See
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`Certain Tool Handles, Tool Holders, Tool Sets, Components Therefore, Inv. No. 337-TA-483,
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`Order No. 7 (Apr. 22, 2003) (granting motion for partial termination as to certain claims where
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`complainant “determined not to proceed with the investigation as to [certain claims], on the
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`ground that 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 marmer and will also reduce
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`the time and resources required from all of the parties and the administrative lawjudge to
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`proceed with the investigation”). In the absence of extraordinary circumstances, such partial
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`termination will be granted. Id. Moreover, while good cause need not be shown in support of a
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`complainant's voluntary request to withdraw patent claims from an investigation, it has been held
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`that “good cause exists for a complainant to withdraw patent claims from an investigation where
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`withdrawal would serve to ensure resolution of the issues remaining in the investigation in an
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`orderly fashion.” Certain Data Storage Systems and Components Thereofi Inv. No. 337-TA­
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`471, Order No. 21 (Oct. 8, 2002) (“The withdrawal of 64 claims will narrow and focus the issues
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`in this investigation and allow all parties to concentrate their efforts on matters about [which]
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`there is true controversy”).
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`I find no extraordinary circumstance that prevents the partial tennination of this
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`investigation. Partial termination of the investigation is in the public interest, as public and
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`private resources will be conserved. Certain Power Supplies, Inv. N0. 337-TA-646, Order No.
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`18 (Jan. 5, 2009). Accordingly, Motion No. 825-002 is hereby GRANTED. It is my Initial
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`Detennination that claims 2, 5, and 6 of the ’049 patent are terminated from this investigation.
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`This Initial Determination, along with supporting documentation, is hereby certified to
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`the Commission. Pursuant to 19 C.F.R.§ 2l0.42(h), this Initial Determination shall become the
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`2
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`

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`determination of the Cormnission lmless a party files a petition for review of the Initial
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`Determination pursuant to 19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R.
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`§ 210.44, orders, on its own motion, a review of the Initial Determination or certain issues
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`herein.
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`SO ORDERED.
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`°%"'K4fiflé
`
`Thomas B. Pender
`Administrative Law Judge
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`3
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`

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`IN THE MATTER OF CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS CONTAINING SAME
`
`337-TA-825
`
`CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER NO. 9: INITIAL
`DETERIVHNATIONhas been served upon, The Office of Unfair Import Investigations and
`the following parties via first class mail and air mail where necessary on
`SEP 2 l 2012
`,
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`»“”"
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`“"**=“\:~\
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`4 9"’
`Lisa R. Barton, Acting Secretary
`U.S. Intemational Trade Commission
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`
`7"-1"Q’!";
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`FOR COMPLAINANT KNOWLES ELECTRONICS LLC.:
`
`David A.Garr, Esq.
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`Washington, DC 20004
`
`)V‘ Hand Delivery
`(
`( “Yd; OvernightMail
`(
`)Via First Class Mail
`(
`)Other:
`
`FOR RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC. &
`AVNET INC.
`
`Steven Bauer, Esq.
`PROSKAUERROSELLP
`One International Place
`Boston, MA 02110
`
`and Delivery
`)V'
`(
`vemght
`Mail
`(
`)Via First Class Mail
`(
`)Other:
`
`PUBLIC MAILING LIST
`
`Heather Hall
`LEXIS - NEXIS
`9443 Springboro Pike
`Miamisburg, OH 45342
`
`Kenneth Clair
`THOMSON WEST
`1100 —13"‘Street NW
`Suite 200
`Washington, DC 20005
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`(|_,)’(1First Class Mail
`(
`)Other:
`
`)Via Hand Delivery
`(
`)
`a Ovemight Mail
`(
`(“S/Ilia First Class M ail
`(
`)Other: