Sonos Beats Google Attempt to Block US Imports of Smart Speakers

Sonos Inc. defeated Google LLC’s bid to bar imports of a range of its smart speakers, as the US International Trade Commission rejected the Alphabet Inc. unit’s request to review a judge’s findings that they don’t infringe any valid claims from three patents.

The Washington-based agency announced the decision Wednesday. It’s the latest turn in a long and messy patent fight between the companies that has seen multiple petitions filed at the ITC, an eight-figure jury verdict vacated and a judge describing tactics in the dispute as “emblematic of the worst of patent litigation.”

Administrative Law Judge Cameron Elliot said Sept. 15 in his initial determination that Sonos hadn’t violated US law on unfair imports by bringing audio products that infringe US Patent Nos. 11,024,311 and 11,050,615 into the country because the infringed claims are invalid. Elliot also determined Google hadn’t proven Sonos infringes US Patent No. 9,632,748.

Google asked the full commission to review Elliot’s findings on the construction of disputed claims from the ’311 patent, and on its invalidity, which the tech giant contended “are erroneous and merit review and reversal.”

Sonos told the ITC that Google “has the herculean task of establishing ALJ Elliot erred five times over” in concluding that two independent claims from the ’311 patent—one of which he found was practiced by Sonos’ products—are invalid. Google’s petition for review, Sonos said in its response, “includes nothing more than artificial grievances and identifies nothing for the Commission to review, much less reverse.”

The ITC—whose decision had been delayed, most recently on Dec. 7—opted to review the trade judge’s findings on the ‘311 patent’s disputed claims and invalidity. The agency decided to “affirm with modified and/or supplemental reasoning” the findings on those issues. The commission also reviewed the judge’s finding that two claims from the ‘615 patent aren’t invalid, but it took no position on the issue and terminated the investigation.

The products Google accused of infringing the ’748 and ’311 patents included the Sonos One, Move, Roam, Arc, Beam, and Era 100 and 300. Google also alleged those products and nine additional models infringe the ’615 patent.

Quinn Emanuel Urquhart & Sullivan LLP and Wolf, Greenfield & Sacks PC represent Google. Orrick Herrington & Sutcliffe LLP and Lee Sullivan Shea & Smith LLP represent Sonos.

The case is In re: Certain Audio Players and Components Thereof (II), USITC, Inv. No. 337-TA-1330, notice of determination posted 12/13/23.