Notice2023-27822
Certain Audio Players and Components Thereof (II); Notice of Commission Determination To Review in Part, and, on Review, To Affirm in Part and Take no Position in Part on a Final Initial Determination Finding no Violation of Section 337; Termination of Investigation
Primary source
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Published
December 19, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part, and on review, to affirm in part and take no position in part on a final initial determination ("ID") issued by the presiding administrative law judge ("ALJ") finding no violation of section 337. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 242 (Tuesday, December 19, 2023)</title>
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[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87813-87814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27822]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1330]
Certain Audio Players and Components Thereof (II); Notice of
Commission Determination To Review in Part, and, on Review, To Affirm
in Part and Take no Position in Part on a Final Initial Determination
Finding no Violation of Section 337; Termination of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part, and on review, to affirm
in part and take no position in part on a final initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ'')
finding no violation of section 337. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 205-2737. 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#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="e5a0a1acb6d6ad808995a590968c9186cb828a93">[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: The Commission instituted this investigation
on September 15, 2022, based on a complaint filed on behalf of Google
LLC (``Google'') of Mountain View, California. 87 FR 56701 (Sept. 15,
2022). The complaint, as supplemented and amended, 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 infringement
of certain claims of U.S. Patent Nos. 9,632,748 (``the '748 patent'');
9,812,128 (``the '128 patent''); 11,024,311 (``the '311 patent''); and
11,050,615 (``the '615 patent''). 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. (``Sonos'') of Santa Barbara, California. Id.
The Office of Unfair Import Investigations was not named as a party in
this investigation. Id.
The Commission previously terminated the investigation as to claims
1-4, 11-12, and 14-15 of the '748 patent; the '128 patent in its
entirety; claims 1-3, 8, 9, 11,\1\ 12, 14, 15, and 20 of the '311
patent; and claims 2, 3, 7, 8, 10-12, 15, and 18 of the '615 patent.
See Order No. 20, unreviewed by Comm'n Notice (Apr. 10, 2023);
Corrected Order No. 30, unreviewed by Comm'n Notice (June 8, 2023);
Order No. 40, unreviewed by Comm'n Notice (July 10, 2023). The
Commission also granted summary determination that the importation
requirement of section 337 had been satisfied, and that Google
satisfied the economic prong of the domestic industry requirement
pursuant to section 337(a)(3)(B). See Order No. 27, unreviewed by
Comm'n Notice (June 6, 2023); Order No. 31, aff'd with modifications by
Comm'n Notice (June 28, 2023).
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\1\ Google continued to assert claim 11 of the '311 patent for
domestic industry purposes.
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The presiding ALJ held an evidentiary hearing in this investigation
from June 20-26, 2023.
On September 15, 2023, the ALJ issued the subject final ID finding
no violation of section 337 because: (1) as to the '748 patent, none of
the Accused Products or Redesigned Products infringe the asserted
claims, none of the Domestic Industry Products practice the asserted
claims, and the asserted claims are invalid as anticipated; (2) as to
the '311 patent, the Accused Products and Redesigned Products SVC #5
and #7 infringe claim 10 and the Domestic Industry Products practice
claims 10, 11, 16, and 17, but the asserted claims (except for claim
18) are invalid as anticipated or obvious, and the asserted claims are
unpatentable under 35 U.S.C. 101; and (3) as to the '615 patent, the
Accused Products infringe all asserted claims (directly and
indirectly), but none of the Domestic Industry Products practice the
asserted claims, and the asserted claims are invalid as anticipated or
obvious.
On September 29, 2023, Google filed a petition for review, seeking
review of certain of the ID's findings concerning claim construction
and validity as to the '311 patent. That same day, Sonos filed a
contingent petition for review of certain of the ID's findings
regarding the validity of claim 18 of the '311 patent, as well as
infringement and validity of the '615 patent. The parties filed
responses to the petitions on October 10, 2023.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, the petitions, and the
responses thereto, the Commission has determined to review the ID in
part. Specifically, as to the '311 patent, the Commission has
determined to review the ID's findings regarding: (1) claim
construction of the term ``detect[ing] a voice input;'' (2)
anticipation of claims 10, 16, and 17 by Rosenberger; (3) anticipation
of claims 10, 16, and 17 by the VoicePod System; (4) anticipation of
claims 10, 16, and 17 by Jang; and (5) the patentability of claims 10,
11, and 16-19 under 35 U.S.C. 101. On review, the Commission has
determined to affirm with modified and/or supplemental reasoning the
ID's findings on these issues. The Commission has also determined to
review and on review does not adopt the paragraph beginning ``Lastly .
. .'' in the ALJ's construction of ``[forgoing/forgo] responding'' set
forth in Order No. 14 at page 41. As to the '615 patent, the Commission
has determined to review the ID's finding that claims 6 and 19 are not
invalid as obvious over Roberts. On review, the Commission has
determined to take no position on this issue. The Commission has
determined not to review the remainder of the ID. The Commission adopts
the ID's findings to the extent that they are not inconsistent with the
Commission's opinion issued concurrently herewith. This investigation
is terminated with a finding of no violation of section 337.
The Commission vote for this determination took place on December
13, 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
[[Page 87814]]
210 of the Commission's Rules of Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: December 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27822 Filed 12-18-23; 8:45 am]
BILLING CODE 7020-02-P
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