Notice2022-19906
Certain Audio Players and Components Thereof (I); Notice of Institution of Investigation
Primary source
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Published
September 15, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 9, 2022, under the Tariff Act of 1930, as amended, on behalf of Google LLC of Mountain View, California. A supplement was filed on August 24, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain audio players and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,593,330 ("the '330 patent"); U.S. Patent No. 10,134,398 ("the '398 patent"); and U.S. Patent No. 7,705,565 ("the '565 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and a desist order.
Full Text
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<title>Federal Register, Volume 87 Issue 178 (Thursday, September 15, 2022)</title>
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[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56702-56703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19906]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1329]
Certain Audio Players and Components Thereof (I); Notice of
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 9, 2022, under the Tariff
Act of 1930, as amended, on behalf of Google LLC of Mountain View,
California. A supplement was filed on August 24, 2022. The complaint,
as supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain audio
players and components thereof by reason of the infringement of certain
claims of U.S.
[[Page 56703]]
Patent No. 10,593,330 (``the '330 patent''); U.S. Patent No. 10,134,398
(``the '398 patent''); and U.S. Patent No. 7,705,565 (``the '565
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute. The
complainant requests that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and a
cease and a desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#da9f9e9389e992bfb6aa9aafa9b3aeb9f4bdb5ac"><span class="__cf_email__" data-cfemail="6b2e2f223858230e071b2b1e18021f08450c041d">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 8, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-7, 9-15, 17, and 18 of the '330 patent; claims 1-5, 7-13, and
15-20 of the '398 patent; and claims 1, 3-7, 9-15, and 18 of the '565
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``audio player
devices--specifically voice controllable audio player devices and
battery powered audio player devices'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Google LLC, 1600 Amphitheatre Parkway,
Mountain View, CA 94043.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Sonos, Inc., 614 Chapala Street, Santa Barbara, CA 93101.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2022).
Issued: September 9, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19906 Filed 9-14-22; 8:45 am]
BILLING CODE 7020-02-P
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