[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66207-66208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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; 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]
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