[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1784-1785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00389]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1191]


Certain Audio Players and Controllers, Components Thereof, and 
Products Containing Same; Notice of a Final Determination Finding a 
Violation of Section 337; Issuance of a Limited Exclusion Order and a 
Cease and Desist Order; Termination of Investigation

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 that respondent Google LLC (``Google'') has 
violated section 337 of the Tariff Act of 1930, as amended, by 
importing, selling for importation, or selling in the United States 
after importation certain audio players and controllers, components 
thereof, and products containing the same that infringe one or more 
claims of U.S. Patent Nos. 9,195,258; 10,209,953; 9,219,959; 8,588,949; 
and 10,439,896. The Commission has determined that the appropriate 
remedies are a limited exclusion order and a cease and desist order 
against Google. The Commission has also determined to set a bond in the 
amount of 100 percent of the entered value of the infringing products 
imported during the period of Presidential review. This investigation 
is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International 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 
<a href="/cdn-cgi/l/email-protection#4603020f15750e232a360633352f322568212930"><span class="__cf_email__" data-cfemail="6e2b2a273d5d260b021e2e1b1d071a0d40090118">[email protected]</span></a>. 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.

[[Page 1785]]


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 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 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 the following asserted 
claims: Claims 22 and 23 of the '258 patent; claims 12 and 13 of the 
'953 patent; claims 5, 9, 29, and 35 of the '959 patent; and claim 3 of 
the '896 patent. Order No. 58 (Feb. 23, 2021), unreviewed by Comm'n 
Notice (Mar. 12, 2021).
    On August 13, 2021, the CALJ issued a combined initial 
determination (``ID'') on violation and a recommended determination 
(``RD'') on remedy and bonding. The ID finds violations 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. ID at 180-
82. The RD recommends that, should the Commission determine that 
violations of section 337 occurred, the Commission should: (i) Issue a 
limited exclusion order against Google; (ii) issue a cease and desist 
order against Google; and (iii) set a 100 percent bond for any 
importations of infringing products during the period of Presidential 
review. RD at 182-88.
    On August 27, 2021, Sonos and Google each filed a petition seeking 
review of certain findings in the ID. On September 7, 2021, the private 
parties filed responses to each other's petitions, and OUII filed a 
combined response to both petitions.
    On September 13, 2021, the Commission received eight submissions on 
the public interest from members of the public in response to the 
Commission's Federal Register notice. See 86 FR 46715 (Aug. 19, 2021). 
The Commission did not receive submissions on the public interest from 
the parties pursuant to Commission Rule 210.50(a)(4) (19 CFR 
210.50(a)(4)).
    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 December 2, 2021, Sonos, Google, and OUII each filed initial 
submissions on remedy, the public interest, and bonding. That same day, 
the Commission also received four additional submissions on the public 
interest from members of the public. On December 10, 2021, Sonos, 
Google, and OUII each filed reply submissions on remedy, the public 
interest, and bonding.
    The Commission, having reviewed the record in this investigation, 
including the final ID, the parties' petitions and responses thereto, 
has determined that Google has violated section 337 by importing into 
the United States, selling for importation, or selling in the United 
States after importation certain audio players and controllers, 
components thereof, and products containing the same that infringe one 
or more of 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.
    The Commission has determined that the appropriate remedy is: (i) A 
limited exclusion order prohibiting the importation of certain audio 
players and controllers, components thereof, and products containing 
the same that infringe one or more of 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; and (ii) a cease and desist order 
against Google. The Commission has determined that the public interest 
factors do not preclude issuance of a remedy. The Commission has also 
determined to set a bond in the amount of 100 percent of the entered 
value of the infringing products imported during the period of 
Presidential review (19 U.S.C. 1337(j)).
    The Commission issues its opinion herewith setting forth its 
determinations on certain issues. This investigation is hereby 
terminated.
    The Commission's orders and opinion were delivered to the President 
and United States Trade Representative on the day of their issuance.
    The Commission vote for this determination took place on January 6, 
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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00389 Filed 1-11-22; 8:45 am]
BILLING CODE 7020-02-P


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