[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87813-87814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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: 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