[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Notices]
[Pages 49885-49886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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