By Eric Schweibenz and Tom Yebernetsky
On August 7, 2015, ALJ Thomas B. Pender issued Order No. 15 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

According to the Order, non-parties Conexant Systems Inc. ("Conexant") and Waves Audio, Ltd. ("Waves Audio") each filed separate motions to intervene as a party with full participation rights pursuant to Commission Rule 210.19. ALJ Pender determined that Conexant's and Waves Audio's motions were timely and that Conexant and Waves Audio have an interest in this investigation and that may be impaired or impeded by the disposition of the infringement allegations in the investigation. Additionally, ALJ Pender held that the Respondents do not adequately represent Conexant and Waves Audio's interests. However, ALJ Pender determined that "any remedy, if granted, would be limited to respondents' accused devices and not the embedded hardware/software products of Conexant and Waves Audio." Accordingly, ALJ Pender granted Conexant and Waves Audio third-party intervenor status, but denied Conexant's and Waves Audio's requests to be granted respondent status in the investigation.