US ITC Launches Probe into Apple, Samsung, and Google Audio Technology

The U.S. International Trade Commission (ITC) announced on September 16 that it has decided to launch an investigation into certain electronic devices that use specific audio technology. The investigation, identified by number 337-TA-1521, lists Apple, Samsung Electronics and its U.S. subsidiaries, and Google as respondents.

The investigation stems from a complaint filed by BoomCloud 360 Inc. on August 14 and supplemented on August 31. The complainant alleges that the importation and sale of the subject devices into the United States infringe upon its patents, in violation of Section 337 of the Tariff Act of 1930. The complainant is requesting that the ITC issue a limited exclusion order and a cease and desist order.

The ITC emphasized that initiating an investigation does not constitute a determination on the merits of the allegations or whether a violation has occurred. The case will be assigned to an administrative law judge who will preside over evidentiary hearings and make an initial determination. The ITC will then review this determination to reach a final decision as expeditiously as possible.

The ITC will set a target date for completion of the investigation within 45 days of its institution. Any remedy orders issued become effective upon issuance and become final 60 days later, unless disapproved by the U.S. Trade Representative for policy reasons.