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17 August 2021PatentsMuireann Bolger

Google faces USITC product ban over IP dispute

Google could be hit with an import ban as the US International Trade Commission (ITC) seeks public views on a preliminary ruling that the tech company infringed Sonos’ patents.

If upheld, the ITC’s decision will bar a wide range of Google products from the US marketplace, including its Home and Chromecast systems, and Pixel phones and laptops.

The commission published a notice yesterday, August 16, inviting feedback on the findings of Judge Charles Bullock holding that Google infringed the patents, US numbers 9,195, 258,10,209,953, 9,219, 959, 8,588, 949, 10,439,896. The patents-in-suit cover smart speakers and related technology.

Sonos alleged in its complaint filed in January at the ITC that Google had violated a 1930 federal tariff law, known as Smoot-Hawley, intended to prevent unfair competition

This latest development comes as two companies continue to wage legal battles over tech patents in other jurisdictions including Texas, California, France, Germany and the Netherlands.

Judge Bullock’s brief  ruling was published on Friday, August 13, but the full decision will remain unavailable until both parties have the opportunity to review and redact confidential information.

The findings will then be reviewed by the full commission, which is scheduled to issue a final decision by December 13.

Commenting on the preliminary decision, Sonos chief legal officer Eddie Lazarus said: “We are pleased the ITC has confirmed Google’s blatant infringement of Sonos’ patented inventions. This decision re-affirms the strength and breadth of our portfolio, marking a promising milestone in our long-term pursuit to defend our innovation against misappropriation by big tech monopolies.”

In a statement, Google confirmed that it would continue to dispute the findings. "We do not use Sonos’ technology, and we compete on the quality of our products and the merits of our ideas. We disagree with this preliminary ruling and will continue to make our case in the upcoming review process," a spokesperson said.

In yesterday’s notice, the ITC requested public views on how an import ban could potentially affect the public health and welfare in the US; competitive conditions in the economy; the production of “like or directly competitive articles” in the country; and the overall impact of a ban on US consumers.

The deadline for the submission of responses is September 13, 2021.

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