Nokia opposes severing into two probes the Tariff Act Section 337 investigation at the International Trade Commission into its allegations that Lenovo computers and parts infringe five of its patents, it told Administrative Law Judge Dee Lord Wednesday. Lenovo supports separate investigations, it told Lord. Google asked to intervene in the case to defend the Google Assistant functionality in the allegedly infringing Lenovo Chromebooks (see 2008130032). It also backs two investigations, it told the ALJ. ITC staff said it doesn’t oppose separating the probes, but doubts doing so will “result in more efficient adjudication.” Lord ordered all parties to show cause last week why the investigation shouldn’t be severed into two inquiries, one on the infringement allegations involving four H.264 video compression patents, the other on single user interface patent (8,583,706) unrelated to H.264 (see 2008160004). Nokia disagreed, saying severing the investigation “would undermine the efficient adjudication of this case.” Unlike previous severed investigations where the technology in the accused products varied widely, “there is no such divergence here,” said its brief (login required) posted Wednesday in docket 3337-TA-1208. Four of the five asserted patents involve H.264, while the remaining ‘706 patent “involves other technology present on a subset of the same Lenovo products” accused of infringing the H.264 patents. The accused Lenovo product set “is therefore wholly overlapping between the two technologies,” said Nokia. ITC staff agreed, using nearly identical language. Though staff “appreciates the technology distinction” between the H.264 and ‘706 patents, the “accused products overlap,” said its brief (login required). “The alleged accused products relating to the ‘706 patent appear to be a subset of the accused products” involving H.264, it said. Severing the single investigation into two risks “duplicative” and “overlapping depositions and expert reports,” it said. The disparate issues between the H.264 and ‘706 patents “support severance,” countered Lenovo's brief (login required). Despite “some overlap in accused products,” evidence on infringement “will be separate,” it said. Lenovo intends to show “the unjust benefits that Nokia received in connection with its late-disclosed alleged patent rights constitute at least a waiver of Nokia’s rights to enforce” the H.264 patents, it said. That defense “does not apply” to the ’706 patent, it said. Severing the investigation would streamline discovery, “allowing for a more focused presentation of the relevant issues underlying the disparate patent groupings,” said Google’s brief (login required). “The disparate technologies underlying the two groups of patents means that there will not be any technical issues relating to infringement or invalidity that span the two groupings.”

The International Trade Commission’s “investigative staff” supports Sonos' motion to terminate the Tariff Act Section 337 probe into Alphabet, based on withdrawal of the patent infringement allegations against the Google parent (see 2008240002), said its response (login required) posted Wednesday in docket 337-TA-1191. ITC “precedent” shows terminating an investigation “will be readily granted to a complainant during the prehearing stage,” barring “extraordinary circumstances,” it said. Staff is “unaware” of any, and the motion “substantially complies” with ITC rules, it said. Terminating the investigation “is in the public interest and will conserve public and private resources,” it said. The probe will continue into allegations that Google devices infringe five Sonos multiroom audio patents.

Kaleidescape is weighing its options over Google’s potential introduction of a Kaleidoscope-branded streaming aggregator tool for the next version of Chrome (see 2008210048), emailed CEO Cheena Srinivasan Monday. Google’s initiative “will create lots of confusion in the market due to the similarity of our trademark,” he said. “Google will own the name Kaleidoscope (very close to Kaleidescape) for a content aggregation app on its Chrome browser. If they fail, that could also harm our brand as customers and prospects may be confused about our own successful offering.” Kaleidescape is “discussing this internally” and will soon disclose “what we plan to do next to stop this confusion,” said Srinivasan. Google didn’t comment Tuesday.

Lenovo supports Google’s motion to intervene in the Tariff Act Section 337 investigation at the International Trade Commission into Nokia allegations that Lenovo computers and parts infringe five Nokia patents, said the PC vendor in comments (login required) posted Tuesday in docket 337-TA-1208. Nokia doesn’t oppose Google’s intervention, said its filing (login required), also posted Tuesday, but does have concerns. “It is undisputed that Google’s interests in this investigation are aligned with Respondents Lenovo and contrary to Complainants Nokia, and thus Google and Lenovo should coordinate accordingly,” said Nokia. Google’s motion said it doesn’t seek to participate in any relief phase of the investigation, “but it has already filed a public interest statement” warning against an import ban of Lenovo Chromebooks when COVID-19 demand for remote-learning connectivity tools is at an historic high, said Nokia: “Google’s intentions regarding the relief phase are thus unclear.” Google didn’t comment Tuesday. Administrative Law Judge Dee Lord ordered Google, Lenovo and Nokia to file briefs by Wednesday showing cause why the investigation shouldn't be “severed” into two separate probes (see 2008160004). Nokia's comments indicated it plans to oppose Lord's plan to sever the investigation. "As Nokia will explain more fully in its forthcoming response," Google's "limited participation as an intervenor "should not impede the ability to proceed efficiently in this Investigation without severance," it said. Nokia said "Google can be added as an intervenor without impacting the efficient adjudication of the issues in a single investigation."

Sonos wants to terminate the Tariff Act Section 337 investigation against Alphabet on allegations at the International Trade Commission that Google devices infringe five Sonos multiroom patents. Sonos is satisfied from pretrial discovery that Alphabet doesn’t develop, manufacture or import the allegedly infringing devices, so it’s withdrawing the allegations against the Google parent, said its motion (login required) posted Monday in docket 337-TA-1191. Terminating the probe into Alphabet “will simplify the investigation without causing prejudice to Google, and there are no extraordinary circumstances that warrant denying this motion,” said Sonos. The investigation "will continue" into the allegations against Google, it said.

Kaleidescape CEO Cheena Srinivasan didn’t respond to our email queries Friday seeking comment on Google’s apparent plans to launch a streaming service aggregator tool called Kaleidoscope on its next version of Chrome, and its similarity to the brand name of the home theater company Srinivasan runs in Silicon Valley. The Google fanboy website Chrome Story broke the news of the Kaleidoscope development, complete with screen shots showing the Netflix and Amazon Prime Video logos. Google didn’t comment. Our search of Patent and Trademark Office records found 95 granted or pending applications for Kaleidoscope, none connected to Google. Srinivasan’s company landed a trademark to the Kaleidescape name in September 2004 and renewed it a decade later, PTO records show.

Apple’s Aug. 7 complaint seeking declaratory judgment of noninfringement of Koss headphone patents got its third judge in little more than a week when the case was reassigned to U.S. District Judge Jon Tigar in Oakland, said an order (in Pacer) Monday in case 20-cv-05504. U.S. Magistrate Judge Sallie Kim was removed from the case, reasons undisclosed, days after another magistrate judge, Susan van Keulen, recused herself (see 2008090001), also for undisclosed reasons.

Administrative Law Judge Dee Lord at the International Trade Commission ordered Google, Lenovo and Nokia to file briefs by Aug. 26 showing cause why the Tariff Act Section 337 investigation into allegations that Lenovo computers, tablets and parts infringe five Nokia patents (see 2008050008) shouldn't be “severed” into two separate probes. “Substantial interests” drove Google last week to intervene in the investigation (see 2008130032) because the Lenovo devices accused of infringing U.S. patent 8,583,706 on user interfaces “infringe by way of their incorporation of the Google Assistant functionality.” The patent is alone among the five in Nokia's July 2 complaint not involving H.264 video compression. The “disparate issues” between the '706 patent and the standard-essential H.264 patents “make this investigation a candidate for severance” under ITC rules, said Lord’s order (login required), posted Friday in docket 337-TA-1208. Severing the investigation would promote "more efficient adjudication of issues” specific to the H.264 patents, she said. A separate probe limited to the ’706 patent “could likely be completed on a shorter timeline” than the H.264 investigation “because only a single patent would be at issue,” she said. Lord invited Google attorneys to participate in a Sept. 3 teleconference, "where the parties should be prepared to discuss Google’s intervention and the severance of the investigation."

Nearly two dozen iPhone and iPad models infringe five standard-essential patents for the enhanced voice services (EVS) codec for voice over LTE, alleged codec inventor VoiceAge in a complaint (in Pacer) in U.S. District Court in Wilmington, Delaware. Apple is guilty of direct infringement because all its listed devices “include hardware and software that implements the EVS codec” without a license, said VoiceAge Wednesday. Apple also is inducing third parties to directly infringe the patents, it said. In nearly five months of phone and email “interactions,” Apple “never expressed a willingness to take a license” on EVS on fair, reasonable and nondiscriminatory (FRAND) terms, said VoiceAge. “Instead, Apple was nonresponsive, repeatedly delayed discussions, and refused to have good faith discussions” under a nondisclosure agreement, “contrary to the letter and spirit of FRAND,” it said. VoiceAge “was left with no other choice but to initiate this lawsuit,” it said. Apple didn’t comment.

Commissioner Rhonda Schmidtlein recused herself and her staff from participating in the International Trade Commission’s Tariff Act Section 337 investigation into Nokia’s complaint that Lenovo computers, tablets and components infringe four H.264 video compression patents and one on user interfaces, said a notice (login required) posted Tuesday in docket 337-TA-1208. Administrative Law Judge Dee Lord set a Dec. 10, 2021, target date for completing the investigation, said her order (login required) Tuesday. Schmidtlein also disqualified herself from the Section 337 probe into Sonos allegations that Google devices infringe five multiroom audio patents (see 2003050020). In both recusals, she gave no reason for disqualifying herself. The agency didn’t comment.