Notice2023-02676
Certain Audio Players and Components Thereof (II); Notice of a Commission Determination Not To Review an Initial Determination Amending Complaint and Notice of Investigation
Primary source
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Published
February 8, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 11) of the presiding administrative law judge ("ALJ"), granting in part Google's motion to amend the complaint and notice of investigation to add to the investigation claim 19 of U.S. Patent No. 11,024,311 ("the '311 patent"), claims 4, 9, and 14 of U.S. Patent No. 9,812,128 ("the '128 patent"), and claims 10, 12, and 18 of U.S. Patent No. 11,050,615 ("the '615 patent").
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Page 8315]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02676]
[[Page 8315]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1330]
Certain Audio Players and Components Thereof (II); Notice of a
Commission Determination Not To Review an Initial Determination
Amending Complaint and Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 11) of the presiding administrative
law judge (``ALJ''), granting in part Google's motion to amend the
complaint and notice of investigation to add to the investigation claim
19 of U.S. Patent No. 11,024,311 (``the '311 patent''), claims 4, 9,
and 14 of U.S. Patent No. 9,812,128 (``the '128 patent''), and claims
10, 12, and 18 of U.S. Patent No. 11,050,615 (``the '615 patent'').
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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#a2e7e6ebf191eac7ced2e2d7d1cbd6c18cc5cdd4"><span class="__cf_email__" data-cfemail="d792939e84e49fb2bba797a2a4bea3b4f9b0b8a1">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on September 15, 2022, based on a complaint filed on behalf of Google
LLC of Mountain View, California. 87 FR 56701 (Sept. 15, 2022). The
complaint alleged a violation of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, 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 the '311, '128, and
'615 patents and U.S. Patent No. 9,632,748. Id. The complaint further
alleged that an industry in the United States exists as required by
section 337. Id. The Commission's notice of investigation named as the
respondent Sonos, Inc. of Santa Barbara, California. Id. The Office of
Unfair Import Investigations was not named as a party in this
investigation. Id.
On December 15, 2022, Google file a motion seeking leave to amend
the complaint and notice of investigation to allege infringement of
additional patent claims. In particular, Google sought to add to the
investigation claim 19 of the '311 patent, claims 4, 9, and 14 of the
'128 patent, and claims 10, 12, 18, and 20 of the '615 patent.
On January 4, 2023, the ALJ issued Order No. 11, which includes the
subject ID and which granted the motion in part. The ID granted
Google's motion with respect to claim 19 of the '311 patent, claims 4,
9, and 14 of the '128 patent, and claims 10, 12, and 18 of the '615
patent. In a portion of Order No. 11 that does not include the ID, the
ALJ denied Google's motion as to claim 20 of the '615 patent. No
petitions for review of the ID were filed.
The Commission has determined not to review the subject ID.
The complaint and notice of investigation are hereby amended to add
the following claims to the investigation: claim 19 of the '311 patent,
claims 4, 9, and 14 of the '128 patent, and claims 10, 12, and 18 of
the '615 patent.
The Commission vote for this determination took place on February
3, 2023.
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: February 3, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-02676 Filed 2-7-23; 8:45 am]
BILLING CODE 7020-02-P
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