[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Page 8315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02676]



[[Page 8315]]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 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 
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