Notice2022-23799
Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Modification Proceeding Based on Withdrawal of the Petition; Termination of Modification Proceeding
Primary source
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Published
November 2, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 70) of the presiding administrative law judge ("ALJ") granting respondent Google LLC's ("Google") unopposed motion to terminate the modification proceeding based on withdrawal of its petition for modification. The modification proceeding is hereby terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66207-66208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23799]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1191 (Modification Proceeding)]
Certain Audio Players and Controllers, Components Thereof, and
Products Containing the Same; Notice of Commission Determination Not To
Review an Initial Determination Terminating the Modification Proceeding
Based on Withdrawal of the Petition; Termination of 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 not to review an initial determination
(``ID'') (Order No. 70) of the presiding administrative law judge
(``ALJ'') granting respondent Google LLC's (``Google'') unopposed
motion to terminate the modification proceeding based on withdrawal of
its petition for modification. The modification proceeding is hereby
terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
[[Page 66208]]
Trade Commission, 500 E Street SW, Washington, DC 20436, telephone
(202) 205-3179. 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#8acfcec3d9b9c2efe6facafff9e3fee9a4ede5fc"><span class="__cf_email__" data-cfemail="5f1a1b160c6c173a332f1f2a2c362b3c71383029">[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; 10,209,953; 8,588,949; 9,219,959; and 10,439,896. Id.
The complaint further alleges that a domestic industry exists. Id. The
notice of investigation named as respondents Google and Alphabet Inc.
(``Alphabet''), both of Mountain View, California. Id. The Office of
Unfair Import Investigations (``OUII'') is also named as a party. Id.
On January 6, 2022, the Commission issued its final determination
based on the record of the investigation (1) affirming with modified
reasoning the ID's findings of violation of section 337 with respect to
the asserted patents, (2) determining that the appropriate remedy is a
LEO and CDO against Google, (3) finding that the public interest does
not preclude this remedy, and (4) setting bond during the period of
Presidential review at 100 percent of the entered value of the subject
articles. See 87 FR 1784-85 (Jan. 12, 2022).
On July 14, 2022, Google filed a petition for a modification of the
LEO and CDO pursuant to Commission Rule 210.76(a)(1) (19 CFR
210.76(a)(1)). On August 12, 2022, the Commission instituted a
modification proceeding based on Google's petition. 87 FR 49885-86
(Aug. 12, 2022).
On October 11, 2022, Google filed an unopposed motion to withdraw
its petition and terminate the modification proceeding without
prejudice. On October 14, 2022, OUII filed a response in support of the
motion. Sonos did not file a response to the motion.
On October 17, 2022, the ALJ issued the subject ID granting the
motion. The ID finds that the motion complies with the requirements of
Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and that ``no
extraordinary circumstances exist that would prevent the requested
termination of the modification proceeding.'' ID at 2-3. No petitions
for review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
modification proceeding is hereby terminated.
The Commission vote for this determination took place on October
27, 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: October 27, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-23799 Filed 11-1-22; 8:45 am]
BILLING CODE 7020-02-P
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