BoomCloud seeks US import orders against Apple, Samsung, and Google over audio patents

BoomCloud 360 has taken its expanding spatial-audio patent campaign to the US International Trade Commission, seeking import restrictions against Apple, Samsung, and Google.

The US International Trade Commission (USITC) disclosed on August 20 that it had received a Section 337 complaint from BoomCloud 360 concerning imported electronic devices incorporating certain audio technologies.

The complaint was filed on August 14 and names Apple, Samsung Electronics America Co. Ltd., Samsung Electronics America, Inc., and Google as respondents. BoomCloud is seeking a limited exclusion order, cease-and-desist orders, and a bond on the respondents’ alleged infringing articles during the 60-day presidential review period.

The filing represents a significant escalation in BoomCloud’s efforts to enforce its audio technology patents against major consumer electronics companies. However, the USITC has not yet instituted an investigation and has not made any finding of patent infringement.

Instead, the Commission is currently seeking submissions on the potential public-interest implications of the relief requested by BoomCloud.

From district court to the ITC

The USITC notice follows a series of patent disputes involving BoomCloud and companies involved in the manufacture and distribution of devices incorporating spatial-audio technology.

BoomCloud filed patent infringement actions against AT&T Services, AT&T Mobility, AT&T Corp., and T-Mobile USA in the Eastern District of Texas on January 30.

The company subsequently filed an action against Samsung Electronics Co. Ltd., Samsung Research America, Inc., and Samsung Electronics America, Inc. in the same district on February 12. That complaint alleges that Samsung smartphones, tablets, and audio accessories infringe patents relating to spatial-audio processing and audio enhancement technology.

The campaign has since expanded to Apple and Google.

Apple filed a declaratory-judgment action against BoomCloud in the Southern District of California on August 5. The case concerns US Patent Nos. 10,313,820, 10,721,564, and 10,757,527.

BoomCloud then filed a patent infringement action against Apple in the Western District of Texas on August 13. The case, BoomCloud 360, Inc. v. Apple Inc., was assigned to Judge David Counts.

Google subsequently filed a declaratory-judgment action in California on August 18, following BoomCloud’s broader enforcement activity involving Google and downstream sellers and customers.

The ITC complaint now adds another forum to the dispute, with BoomCloud seeking an import-related remedy against all three major technology companies.

The significance of a Section 337 complaint

A Section 337 proceeding can provide a patent owner with a remedy that is different from conventional district court litigation.

Rather than seeking damages alone, a complainant can ask the USITC to exclude products from entering the US. A cease-and-desist order can also restrict certain activities involving covered products already in the country.

In BoomCloud’s case, the complaint alleges violations relating to the importation into the US, sale for importation, and sale within the US after importation of certain electronic devices with certain audio technologies.

The potential commercial consequences make the public-interest stage particularly important.

The Commission has asked interested parties to address issues including how the affected products are used in the US, whether comparable products are available from BoomCloud, its licensees, or third parties, whether those suppliers have the capacity to replace potentially excluded products, and how the requested remedies could affect US consumers.

Comments are due by close of business August 28, eight calendar days after publication of the notice. BoomCloud may file replies within three calendar days after the deadline for initial submissions.

A widening spatial-audio patent campaign

The ITC complaint is notable not simply because of the companies involved, but because of the number of forums now surrounding BoomCloud’s enforcement campaign.

The company’s earlier district court cases include actions against telecommunications companies and Samsung, while its more recent disputes with Apple and Google have added two of the world’s largest consumer technology companies to the campaign.

The litigation has also involved downstream sellers. In June, for example, BoomCloud filed separate patent infringement actions against Best Buy, Target, and Walmart concerning the sale of Samsung devices with spatial-audio functionality.

The ITC filing adds a further layer because the requested remedy is focused on imports rather than damages alone.

That combination could make the proceeding closely watched by patent litigators and technology companies, particularly if the Commission ultimately institutes an investigation and the dispute develops into a parallel ITC and district court battle.

For now, however, the procedural distinction is important: BoomCloud has filed its Section 337 complaint, and the USITC has published a notice seeking public-interest submissions. No ITC investigation has yet been instituted.

The Patent Lawyer will continue to monitor the proceeding for any institution decision, developments concerning the asserted patents and products, and further filings in the related district court cases.

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