Notice2022-17398
Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same; Notice of a Commission Determination To Institute a Modification Proceeding
Primary source
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Published
August 12, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the above-captioned investigation.
Full Text
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<title>Federal Register, Volume 87 Issue 155 (Friday, August 12, 2022)</title>
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[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Notices]
[Pages 49885-49886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17398]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1191]
Certain Audio Players and Controllers, Components Thereof, and
Products Containing the Same; Notice of a Commission Determination To
Institute a Modification Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute a modification proceeding in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#0b4e4f425838436e677b4b7e78627f68256c647d"><span class="__cf_email__" data-cfemail="6b2e2f223858230e071b2b1e18021f08450c041d">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On February 11, 2020, the Commission
instituted this investigation based on a complaint filed by Sonos, Inc.
(``Sonos'') of Santa Barbara, California. 85 FR 7783 (Feb. 11, 2020).
The complaint alleges violations of section 337 of the Tariff Act of
1930, as amended (19 U.S.C. 1337) (``section 337''), based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain audio
players and controllers, components thereof, and products containing
the same by reason of infringement of certain claims of U.S. Patent
Nos. 9,195,258 (``the '258 patent''); 10,209,953 (``the '953 patent'');
8,588,949 (``the '949 patent''); 9,219,959 (``the '959 patent''); and
10,439,896 (``the '896 patent''). Id. The complaint further alleges
that a domestic industry exists. Id. The notice of investigation named
as respondents Google LLC (``Google'') and Alphabet Inc.
(``Alphabet''), both of Mountain View, California. Id. The Office of
Unfair Import Investigations (``OUII'') was also named as a party. Id.
On September 21, 2020, the Commission terminated the investigation
as to Alphabet based on withdrawal of the allegations in the complaint
directed to Alphabet. Order No. 18 (Sept. 1, 2020), unreviewed by
Comm'n Notice (Sept. 21, 2020). On November 24, 2020, the Commission
determined that the importation requirement has been satisfied. Order
No. 27 (Oct. 27, 2020), unreviewed by Comm'n Notice (Nov. 24, 2020). On
February 2, 2021, the Commission determined that the technical prong of
the domestic industry requirement has been satisfied as to the '949
patent. Order No. 32 (Jan. 4, 2021), unreviewed by Comm'n Notice (Feb.
2, 2021). On February 16, 2021, the Commission determined that the
economic prong of the domestic industry requirement has been satisfied
as to all asserted patents. Order No. 35 (Jan. 14, 2021), reviewed and
aff'd by Comm'n Notice (Feb. 16, 2021). On March 12, 2021, the
Commission partially terminated the investigation based on withdrawal
of the allegations in the complaint as to certain asserted claims.
Order No. 58 (Feb. 23, 2021), unreviewed by Comm'n Notice (Mar. 12,
2021).
On August 13, 2021, the presiding Chief Administrative Law Judge
(``CALJ'') issued an initial determination (``ID'') finding a violation
of section 337 with respect to the following claims of the asserted
patents: claims 17, 21, 24, and 26 of the '258 patent; claims 7, 14,
and 22-24 of the '953 patent; claim 10 of the '959 patent; claims 1, 2,
and 5 of the '949 patent; and claims 1, 5, 6, and 12 of the '896
patent.
On November 19, 2021, the Commission determined to review the ID in
part with respect to the ID's analysis of whether the products accused
of infringing the '258 and '953 patents are articles that infringe at
the time of importation. 86 FR 67492 (Nov. 26, 2021). The Commission
also determined to correct two typographical errors on pages 24 and 84
of the ID. Id. The Commission did not request briefing on any issue
under review. Id. The Commission's notice also requested written
submissions on remedy, the public interest, and bonding. Id.
On January 6, 2022, the Commission terminated the investigation
with a finding of a violation of section 337 with respect to claims 17,
21, 24, and 26 of the '258 patent; claims 7, 14, and 22-24 of the '953
patent; claim 10 of the '959 patent; claims 1, 2, and 5 of the '949
patent; and claims 1, 5, 6, and 12 of the '896 patent. 87 FR 1784-85
(Jan. 12, 2022). The Commission issued a limited exclusion order
(``LEO'') and a cease and desist order (``CDO'') against Google. Id.
On January 27, 2022, Sonos filed a petition with the U.S. Court of
Appeals for the Federal Circuit seeking review of the Commission's
finding that one or more redesign products that Google submitted for
adjudication with respect to each asserted patent are non-infringing.
Sonos, Inc. v. Int'l Trade Comm'n, No. 22-1421. On March 22, 2022,
Google filed a petition for review of the Commission finding of
violation. Google LLC v. Int'l Trade Comm'n, No. 22-1573. These appeals
have been consolidated.
On July 14, 2022, Google filed a petition for modification of the
LEO and CDO, pursuant to Commission Rule 210.76(a), 19 CFR 210.76(a).
Google alleges that its Pixel smartphones, tablets, laptops, and other
``controllers'' installed with an allegedly new Device Utility app do
not infringe any of claims
[[Page 49886]]
1, 5, 6, and 12 of the '896 patent. On July 25, 2022, Sonos filed an
opposition to Google's modification petition.
The Commission has determined that Google's petition complies with
the requirements for institution of a modification proceeding pursuant
to Commission Rule 210.76. Accordingly, the Commission has determined
to institute a modification proceeding and has delegated the proceeding
to the CALJ. The presiding CALJ shall submit a recommended
determination within six (6) months after publication of notice of this
Order in the Federal Register. Sonos, Google, and OUII are named as
parties to the modification proceeding.
The Commission vote for this determination took place on August 8,
2022.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: August 9, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17398 Filed 8-11-22; 8:45 am]
BILLING CODE 7020-02-P
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