The “sweeping remedial orders” that Sonos asked the International Trade Commission to impose against Google (see 2001230001) “would remove from the stream of commerce products and functionalities that far exceed the scope” of the multiroom audio patents Sonos alleges were infringed, commented Google (login required) in ITC docket 337-3428. The products on which Sonos seeks an import ban “contain thousands of features beyond playing music on multiroom audio systems,” it said. Google smart speakers “allow users to control over 30,000 smart home devices, including in-home security systems, cameras, lights, switches, plugs, thermostats, and many other devices, using voice commands,” it said. They provide “significant benefits to users, particularly those with disabilities,” none of which “implicates any claimed invention” of the patents Sonos alleges were infringed, it said. Sonos also gave no evidence to back its “bare assertion” that smart speaker prices would rise only slightly from an import ban, said Google. Low price is “the most important factor for US consumers in purchasing a voice-controlled smart speaker,” and an import ban would harm the public interest if prices increased significantly, it said. Sonos didn't file a response.
Though President Donald Trump “initiated these tariff actions, in part, to address the issue of intellectual property rights for American businesses in trade with China,” TCL warned effects may be more widespread. “Rather than be sanctioned under 301 tariffs, TCL’s partnership with Roku should serve as a model for ensuring the proper protection and compensation of American creators and owners of intellectual property for products manufactured in China.” If TCL North America can’t win the exclusions it seeks from 15 percent List 4A Trade Act Section 301 tariffs it has paid since Sept. 1 on flat-panel TV imports from China, it wants the Trump administration to weigh “reallocating” TVs to List 4B where there’s no current tariff exposure. TCL filed exemption requests Thursday at the Office of the U.S. Trade Representative docket on 8528.72.64.30, 8528.72.64.40 and 8528.72.64.60 classifications. The “sole available source of LCD panels and supporting material components is China,” said the applications.
The order Sonos seeks on Google smart speakers would disproportionately harm Americans with disabilities, advocates warned. They want the International Trade Commission to reject the proposed import ban. Sonos alleges Google “misappropriation” of five Sonos patents (see 2001070041). Google denies that. Smart speakers “provide a significant opportunity for improving the accessibility of the home and even office environments,” commented the American Foundation for the Blind. They “may provide important content, such as on-demand weather reports, news, music, and podcasts, to individuals who do not use computers or smartphones,” AFB said. “This benefit may be especially important to people who are still acquiring assistive technology skills.” Groups including Public Knowledge and R Street Institute worry U.S. "consumer and economic welfare" would be hurt by banned imports of “mobile phones, tablets, and laptops” covered in the proposed exclusion order, they told the ITC. They cited the breadth of the Sonos-sought order, "narrow nature of the asserted patent claims, and the availability of full relief under the U.S. patent law." The ITC "should recognize that the interest in enforcing complainant’s patent rights is only weakly implicated in this requested investigation," said the groups. The Center for Democracy & Technology said blind and visually impaired individuals rely on voice-activated speakers “to make their homes work efficiently.” Seniors "who depend on voice-activated speakers are particularly sensitive to market exclusion orders that deprive them of the benefits of competition,” CDT wrote. The Computer & Communications Industry Association and Developer's Alliance criticized what they said was the overly wide scope of the proposed import ban. "Excluding personal mobile electronic devices such as those identified in the complaint risks depriving American consumers of basic modern communication tools, even though those devices are not themselves alleged to contain any infringing functionality," they said.
Antitrust authorities cleared the way for Xperi to buy TiVo. The all-stock deal has an enterprise value of $3 billion and is expected to close in Q2 (see report, Dec. 20). An FTC early termination notice dated Tuesday and released Wednesday ended the transaction's Hart-Scott-Rodino waiting period.
The Copyright Office extended to March 19 the deadline for comments on a notice of inquiry on applying the statutory definition of publication to the online context, it said Tuesday. Replies now are due April 16.
The Entertainment Merchants Association, which launched in 1984 as the Video Software Dealers Association, has rebranded again to reflect industry changes, it said Friday. The group now is the Over The Top Exchange (OTT.X). It said it's widening its reach to encompass “all OTT means,” including transactional-, advertising-based and subscription VOD. The organization said it will support digital retailers, channels, content providers, networks, platforms and MVPDs.
Six Democratic lawmakers asked ICANN to block the Internet Society's sale of the .org registrar to a private equity firm (see 2001150013). Information from parties to the deal "raise significant questions about the new arrangement, and fail to provide assurances that" buyer "Ethos Capital will be a responsible steward of the .ORG registry, or that the registry will be operated under meaningful oversight," the lawmakers wrote Thursday. A contract gives the Public Interest Registry that ISOC is selling "nearly free rein to regulate the content of websites in the name of implementing 'protections of the legal rights of third parties," wrote Massachusetts Sens. Ed Markey and Elizabeth Warren, the latter also a 2020 candidate for president, and the others. "Ethos Capital has stated that the new parent entity of PIR would act in the public benefit, but it has not proposed a structure of governance and accountability that would bind this commitment in a meaningful way." Sens. Ron Wyden of Oregon and Richard Blumenthal of Connecticut and Reps. Anna Eshoo of California and Mark Pocan of Wisconsin also signed the letter. ICANN didn't comment. The three parties to the deal disagree with views in the letter, believing it doesn't "acknowledge the strong merits of this transaction -- namely the immense opportunity it will create for both PIR and the Internet Society to advance their important work for the public benefit and the Internet at large." The deal "serves the public interest," contend Ethos, ISOC and PIR, emailed a spokesperson on their behalf. It would let PIR "expand its work and the services it provides to the nonprofit community and other .ORG users" and give ISOC "essential support" via "a substantial endowment that will ensure its ability to continue its efforts to build a more accessible, inclusive and secure Internet around the world," the representative said. "PIR and Ethos will provide the resources to grow .ORG and develop innovative products and services that will strengthen the ability of mission-driven organizations and others."
The court “owes no deference” to DOJ Antitrust Division supporting Global Music Right’s lawsuit against the Radio Music License Committee, said NAB in an amicus brief Tuesday in U.S. District Court in Los Angeles. “It is unorthodox for the Department to intercede in private litigation, especially at the pleading stage.” DOJ (see 1912190052) doesn't explain the “striking shift” from its previous stance on performance rights organizations, NAB said. The industry “has been under active Department supervision for decades” so Justice's sudden interest in whether RMLC is anticompetitive is “an about face” that's “unjustified and unwarranted,” the association said: Dismiss GMR's claims.
U.S. President Donald Trump signed the phase one trade deal Wednesday alongside Chinese Vice Premier Liu He. It's "a transformative deal" and "a sea change in international trade," Trump told a White House ceremony. It reflects "great progress on protecting intellectual property, on preventing forced technology transfer" and other measures, said Vice President Mike Pence, per a government transcript. It "signals a turning point for the U.S. tech sector," said CompTIA Executive Vice President-Advocacy Cinnamon Rogers. "This agreement will begin to address key industry concerns with China, including forced technology transfer and IP protections," said Information Technology Industry Council CEO Jason Oxman. The U.S. will reduce tariffs on about 3,800 eight-digit tariff lines from 15 percent to 7.5 percent in 30 days, when the just-signed agreement takes effect, an administration official told reporters on condition of not being identified by name.
Samsung with subsidiaries was 2019's “most inventive” company, with 9,413 U.S. utility patents granted, reported Sqoop. The document search engine for journalists has compiled patent-search data since 2014. Rounding out the top five in U.S. patents granted: IBM, 9,190 patents; LG, 4,938; Canon, 3,565; and Intel, 3,501.