Google Loses Bid to Nix Trade Agency Smart Speaker Import Ban

The Federal Circuit rejected Google LLC‘s effort to curb the jurisdiction of the US International Trade Commission after the agency barred imports of smart speaker products deemed to infringe competitor Sonos Inc.'s patents.

Google had petitioned for the full US Court of Appeals for the Federal Circuit to review a panel decision from April siding with the trade agency. The tech giant was forced to redesign its Nest speaker products after the ITC found they infringed two Sonos patents when American customers followed instructions to pair them together.

Google argued the appeals court had in 2015 allowed the ITC to improperly enlarge its own jurisdiction by interpreting the law giving it authority to stop unfair trade. The agency read the statute to include investigations into imports that only become infringing sometime after reaching US shores.

Such interpretive deference, Google argued in its petition, relied on Chevron deference, a doctrine that directed judges to defer to reasonable agency interpretations of unclear laws. The US Supreme Court overturned Chevron in its June decision in Loper Bright Enterprises v. Raimando.

Ten of the court’s 12 active judges joined the per curiam order denying Google’s bid for either a rehearing by a three-judge panel or hearing before the full court sitting en banc.

Judge Pauline Newman, who is suspended from hearing cases, didn’t participate in the deliberations, and neither did Judge Tiffany P. Cunningham, whose former law firm, Perkins Coie, represents Google in the case.

Google is also represented by Quinn Emanuel.

Lee Sullivan Shea & Smith and Orrick, Herrington & Sutcliffe represent Sonos.

The case is Sonos, Inc. v. ITC, Fed. Cir., 22-1421, denying en banc review 9/10/24.