Google Denying Sonos Chance to Test Revised Source Code, ITC Told

Google device “redesigns” built without the embedded source code that Sonos alleges infringe its multiroom audio patents are “hypothetical,” not real, and should be struck from the International Trade Commission’s Tariff Act Section 337 investigation into the allegations (see 2002060070), said a Sonos brief (login required) in support of the motion to strike posted Thursday in docket 337-TA-1191. Google misrepresented that the redesigns were “fixed and definite” when it told Chief Administrative Law Judge Charles Bullock it made the redesigns available to Sonos for inspection, said Sonos. “Google refuses to produce the alleged redesigns to Sonos for Sonos to test and is only willing to provide a limited demonstration of certain functions under the supervision of a Google attorney,” it said. “Such testing is necessary to determine whether or not the supposed redesigns actually removed the infringing code.” That Sonos was deprived of the opportunity to test the redesigns “directly contradicts” Google’s argument that the revised source code is embedded in physical working products that Google made available for inspection, said Sonos. Google didn’t comment Friday.