U.S. ITC opens audio-patent probe as court orders Google ad-tech remedies

  • ITC opened a Section 337 investigation naming Apple, Samsung Electronics and Google.
  • BoomCloud 360 identified patents 10,524,078, 11,533,560 and 11,051,121 in its complaint.
  • Virginia court ordered Google to accept six years of ad-tech compliance monitoring.

The United States International Trade Commission has opened a Section 337 investigation into Apple, Samsung Electronics and Google over alleged infringement of three BoomCloud 360 audio-technology patents. The Encinitas, California-based company alleges that imported or U.S.-sold electronic devices infringe U.S. Patent Nos. 10,524,078, 11,533,560 and 11,051,121, and is seeking a limited exclusion order and cease-and-desist orders. The ITC’s institution of Investigation No. 337-TA-1521 is not a ruling on the merits; an administrative law judge will conduct an evidentiary hearing before issuing an initial determination, with a target completion date to be set within 45 days. On the same day, the U.S. District Court for the Eastern District of Virginia ordered Google to implement forward-looking remedies in the Justice Department’s ad-tech monopolization case, including integrations with Prebid and competing publisher ad servers, data access and export, non-discriminatory AdWords bidding, and six years of monitoring. The two actions placed the three technology companies under simultaneous legal and regulatory scrutiny.

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