The recent decision from the USITC regarding the legal battle between Google and Sonos is bound to have some ripple effects throughout the world of tech, even if only in the short term. It’s an outcome that has already had some impact on devices you have in your house right now, and likewise, this story is bound to continue developing over the incoming weeks and months.
Since the saga is far from finished, it’s worth answering a few questions that our readers — and even many of us at Android Police — still have about the ramifications of this decision. In addition to our own research, we reached out to Aron Solomon, JD, a Chief Legal Analyst at Esquire Digital, who provided additional context and analysis about what’s next for Google and Sonos.
What does this mean for my existing Google devices?
If you’re a Pixel or Chromebook user, nothing has changed just yet. The ITC has carved out an allowance for Google to change how its devices infringe on these patents, so it’s possible future software patches will remove specific features to prevent products from a pending import ban. However, for now, your device will continue to work as usual.
Nest and Cast-enabled speakers, on the other hand, have already been hit with a pretty significant change. You can no longer control Speaker Group volume, either with voice commands or within the Home app. Instead, each speaker has to be changed and tweaked manually. This modification directly results from the ITC’s decision, as the group found the feature violated a patent from Sonos.
Google has also said a “small set of users” will need to use a third-party app called “Device Utility app” to update their Nest speakers. According to the company, affected users will be prompted with a notification to install and run DUA.
What happens if the ban does take effect?
If the ban is upheld, many of Google’s mainline gadgets — including Pixel phones and Pixelbook laptops, Chromecast devices, and smart speakers — would no longer be imported into the U.S. Once current stock is sold out, it would limit your availability to buy new products from the company while the ban is in place. However, there are ways for Google to fight back against this blockade from ever happening, including implementing the workarounds cleared by the ITC in 2021. Presumably, any future devices would not violate patents from Sonos, so there’s no need to worry about issues with, for example, the Pixel 6a.
What are Google’s next steps after the January 6th decision?
First, the company will want to wait until the Biden administration decides whether or not to veto the ITC’s decision. Although it’s uncommon for the executive branch to step in on these matters, it’s not unheard of — the Obama administration vetoed a ban on iPad and iPhone imports during the company’s lawsuits with Apple. It’s possible President Biden could perform similar actions here.
It’s not the only route the company has, of course. It could pay Sonos royalties at any time, licensing the patents and essentially taking the decision as a loss. However, Solomon says that’s unlikely. “They need to find a face-saving way of not having the relevant products banned from import while getting some kind of win, as Google always does. Yes, just paying the royalties makes this all go away but it’s their worst case scenario.”
The other option is for Google to start changing its devices to no longer infringe on patents from Sonos. It’s already started down this road with the company’s modifications to Nest smart speakers, along with the recent tweaks to how Cast volume control works in Android 12. It consists of more work than simply paying Sonos for the rights to use its patents, but that’s not something Google usually does — just look at its duel in court with Oracle.
The company could also stop selling its products in the U.S. altogether, but obviously, that outcome will not happen.
What are the odds of the Biden administration vetoing the ban?
In addition to the precedent set with Apple’s ban being vetoed in 2013, Solomon considered it interesting that Sonos stock only went up 3% following the decision — and indeed, has once again fallen throughout Friday’s trading hours. “I think that anything less [than] a 7% gain indicates that the market believes that President Biden may intercede with a veto of the ITC ban, as he is legally able to do here,” Solomon told us.
Of course, the Biden administration is also far more focused on tech antitrust cases than the Obama administration ever was. With Google among the companies under fire from the U.S. government these days, the White House may choose to pass on taking action.
Why was the ITC involved in this case?
“The ITC didn’t ‘need’ to get involved here,” Solomon told us, “but this sort of involvement speaks to why [they] exist. Their involvement, and the relationship between the ITC and the U.S. Executive branch of government, makes this a far more expedient way of dealing with the issue. And, yes, if we were dealing with domestic parts, this would have been a federal court issue.”
What about Google’s countersuit against Sonos?
“That is an active case [in] the U.S. District Court, Northern California, and is captioned 3:20-CV-3845. It’s ongoing, with the most recent procedural filing on December 22nd — an order on a motion. This will be an important case that we all need to watch.”
It’s possible that if Google won in court against Sonos, the companies could choose to cross-license each other’s patents to avoid bans, effectively making this entire matter disappear. However, whether this case is wrapped up within the next sixty days before the import ban is enacted will impact if this matters at all.
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