On December 8, 2014, One-E-Way, Inc. of Pasadena, California ("One-E-Way") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wireless headsets that infringe one or more claims of U.S. Patent Nos. 7,865,258 (the '258 patent) and 8,131,391 (the '391 patent) (collectively, the "asserted patents"):   

  • Sony Corp. of Japan
  • Sony Corp. of America of New York, New York
  • Sony Electronics, Inc. of San Diego, California
  • Sennheiser Electronic GmbH & Co. KG of Germany
  • Sennheiser Electronic Corp. of Old Lyme, Connecticut
  • BlueAnt Wireless Pty, Ltd. of Australia
  • BlueAnt Wireless, Inc. of Chicago, Illinois
  • Creative Technology Ltd. of Singapore
  • Creative Labs, Inc. of Milpitas, California
  • Beats Electronics, LLC of Culver City, California
  • Beats Electronics International Ltd. of Ireland
  • Jawbone, Inc. of San Francisco, California
  • GN Netcom A/S d/b/a Jabra of Denmark

According to the complaint, the asserted patents generally relate to wirelessly transmitting and/or receiving audio data, including music data.  In particular, the disclosed inventions may include techniques for decreasing transmission errors that can be caused by undesirable interference and noise.

In the complaint, One-E-Way states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically refers to various wireless headsets associated with the Proposed Respondents as infringing products.

Regarding domestic industry, One-E-Way states that it has conducted all of its research, development, and manufacturing activities in the U.S., and is committed to continuing those activities exclusively within the U.S. One-E-Way further states that it currently offers a number of products covered by the asserted patents, and is preparing to offer additional such products.  In addition, One-E-Way states that it has granted licenses to the asserted patens to Plantronics, Inc. and Jaybird Gear, LLC, which have also contributed to the domestic industry in the U.S. relating to the asserted patents.

As to related litigation, One-E-Way states that it has previously asserted the asserted patents against Jaybird Gear, LLC, Plantronics, Inc., Harman International Industries, Inc. d/b/a AKG, Imation Corp., and Voxx International Corp. in various district court cases in the U.S. District Court for the Central District of California.  One-E-Way states that each of those cases was dismissed at a relatively early stage due to settlement.

With respect to potential remedy, One-E-Way requests that the Commission issue limited exclusion orders and permanent cease and desist orders directed at the Proposed Respondents.