Sony Music Entertainment and Warner Music Group don’t have arrangements with radio stations for song placement or air time, the record labels told FCC Commissioner Mike O’Rielly in letters responding to his inquiry on payola (see 2001210065). O’Rielly shared the responses on Twitter, and said he will post a response from Universal once protections for confidential information are worked out. Universal’s response is expected to be similar. Sony and Warner told O’Rielly they weren’t aware of any payola arrangements and they comply with federal payola laws. "If people have credible, tangible facts disputing responses, please let me know,” tweeted O’Rielly. The commissioner indicated he may seek to relax regulations against payola (see 1911150054) but said Tuesday the issue is “not a priority given COVID-19.”
Comments are due April 30 on an import ban Universal Electronics seeks on Funai, Hisense, Roku and TCL devices that allegedly infringe its patents, said Wednesday’s Federal Register. Streaming players, TVs, set-top boxes and remote controllers imported by the four companies and their affiliates infringe its patented QuickSet technology, which automates the configuration and control of remote controls and home entertainment devices by capturing control codes from remote controls or written specifications, it told the International Trade Commission April 16. The four companies didn’t comment.
The Copyright Office expanded electronic filing options for various services in response to COVID-19, it said Wednesday. Affected services include registration, recordation, licensing, records research and certification.
Fitbit asked a federal court for a declaratory judgment that its fitness trackers and smartwatches don’t infringe three Philips patents, as Philips alleged Dec. 10 before the International Trade Commission. Though Fitbit “vigorously denies” the infringement allegations, Philips “nevertheless continues to seek to disrupt Fitbit’s business and keep Fitbit’s health-promoting products from the public based on patents that Fitbit’s products do not infringe,” said a complaint (in Pacer) Thursday in U.S. District Court in San Francisco. The ITC opened a Tariff Act Section 337 investigation Jan. 10 (see 2001130047) into the Philips complaint (login required), which seeks limited exclusion and cease and desist orders against the allegedly infringing Fitbit products. Philips also targeted Garmin smartwatches and fitness trackers and the OEMs that make the devices for Fitbit and Garmin. Philips didn’t comment Friday.
The “emergency” disrupted copyright system functions, so the Copyright Office is adjusting timing provisions, the CO announced Wednesday. It's making emergency modifications, in effect for 60 days, based on authority granted from the COVID-19 relief package (see 2003270058). Timing remains unchanged for applications that can be submitted entirely electronically. Applicants who can't submit an application electronically or physically may submit one after the disruption ends. The office waived timing requirements in certain circumstances for recording notices of termination.
Sonos, Google and the International Trade Commission staff agreed to set Sept. 13, 2021, as the target date for completing the agency's Tariff Act Section 337 investigation into Sonos allegations that Google smart speakers and other devices infringe five Sonos multiroom audio patents (see 2002060070). So said a joint procedural schedule (login required) filed Tuesday and posted Wednesday in docket 337-TA-1191. Sonos and Google will hold their first settlement conference May 11 and a second Dec. 18. An in-person mediation session is set for Aug. 3. Sonos is seeking limited exclusion and cease and desist orders against the allegedly infringing Google products.
Sonos withdrew its motion to strike Google’s affirmative defenses against allegations in a Tariff Act Section 337 investigation at the International Trade Commission that Google smart speakers and other devices infringe five Sonos multiroom patents (see 2002060070), said a filing (login required) Thursday in docket 337-TA-1191. Three of Google’s defenses were “improper as a matter of law,” and five others were “nothing more than conclusory statements,” argued Sonos in its March 10 motion to strike. Google later withdrew some defenses and amended others, said Sonos. It still thinks Google’s defenses are “deficient” but won’t challenge them “in an effort to compromise and avoid burdening” ITC staff and Chief Administrative Law Judge Charles Bullock.
Sonos and Google lawyers have until March 24 to submit a “joint procedural schedule” in the International Trade Commission’s Tariff Act Section 337 investigation into Sonos allegations that Google smart speakers and other devices infringe five Sonos multiroom audio patents. A pretrial hearing is set for July 20 and a final evidentiary hearing for Feb. 22-24, 2021, said an order (login required) in docket 337-TA-1191 signed Friday by Chief Administrative Law Judge Charles Bullock. Sonos and Google need to agree on dates in the schedule for two settlement meetings and one mediation session, said the order. The settlement meetings must be in person unless Bullock gives permission for “good cause shown” to hold them by videoconferencing or teleconferencing, it said. Bullock’s “initial determination” order Wednesday setting May 11, 2021, as the target date for completing the investigation added three months’ cushion to the calendar to account for workload pressures from a separate investigation, plus “potential scheduling disruptions” from COVID-19 (see 2003120001). His order Friday didn’t mention possible delays from the coronavirus.
The International Trade Commission set a May 11, 2021, target date for completing its Tariff Act Section 337 investigation into Sonos allegations that Google smart speakers and other devices willfully infringe five Sonos multiroom audio patents (see 2002060070), said an “initial determination” order (login required) signed Wednesday in docket 337-TA-1191 by Chief Administrative Law Judge Charles Bullock. Sonos, Google and ITC staff agreed to propose a more customary 16-month target date to Feb. 11, 2021, but that’s “not feasible” because Bullock is working on another investigation that’s due to close a week earlier, he said. He “determined it necessary” to set a 19-month target to give himself more time to write a Sonos-Google opinion, plus tend to his other duties and account for “potential scheduling disruptions due to COVID-19,” he said.
Commissioner Rhonda Schmidtlein is recusing herself and her staff from participating in the International Trade Commission’s Tariff Act Section 337 investigation into Sonos allegations that Google smart speakers and other devices infringed Sonos multiroom audio patents, said her memorandum (login required) dated Wednesday and posted Thursday in docket 337-TA-1191. Schmidtlein, a Democrat, also recused herself from the ITC’s Feb. 5 vote to open the investigation (see 2002060070). The agency declined comment on her recusals.