January 8, 2015
News Release 15-003
Inv. No(s). 337-TA-943
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Wireless Headsets

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless headsets.  The products at issue in this investigation are wireless audio devices for receiving audio data, including music data, and include such products as consumer wireless headphones and earphones that receive audio via Bluetooth.

The investigation is based on a complaint filed by One-E-Way, Inc., of Pasadena, CA, on December 8, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless headphones that infringe patents asserted by One-E-Way.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Sony Corporation of Tokyo, Japan;

Sony Corporation of America of New York, NY;

Sony Electronics, Inc., of San Diego, CA;

Sennheiser Electronic GmbH & Co. KG of Wedemark, Germany;

Sennheiser Electronic Corporation of Old Lyme, CT;

BlueAnt Wireless Pty, Ltd., of Richmond, Australia;

BlueAnt Wireless, Inc., of Chicago, IL;

Creative Technology Ltd. of Singapore;

Creative Labs, Inc., of Milpitas, CA;

Beats Electronics, LLC, of Culver City, CA;

Beats Electronics International Ltd. of Dublin, Ireland;

Jawbone, Inc., of San Francisco, CA; and

GN Netcom A/S d/b/a Jabra of København, Denmark.

By instituting this investigation (337-TA-943), the USITC has not yet made any decision on the merits of the case.  The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.  

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