USITC probe could bar Apple, Samsung and Google devices

The US International Trade Commission has opened an investigation into claims that spatial audio patents held by BoomCloud 360 are being infringed, a probe that could lead to device bans for Apple, Samsung and Google in the US.

Patents, complaint and requested relief

BoomCloud 360 is a relatively small audio company based in California that develops cloud sound optimization software for movies, games and music. The company holds patents in the area of spatial audio, and those patents are the subject of the current USITC inquiry.

The original complaint, filed in August, presents three patent disputes that BoomCloud 360 says are infringed by devices from Apple, Samsung and Google. In its filing the company asks the USITC for a Limited Exclusion Order covering all infringing products and for a cease-and-desist order. The complaint does not identify which specific products from the three technology firms are alleged to infringe the patents.

Spatial audio processing refers to techniques that position or simulate sound in three-dimensional space to give the impression of direction and distance. A Limited Exclusion Order is a remedy the USITC can issue to block the importation or sale of products found to infringe, and BoomCloud 360 has sought that relief alongside the cease-and-desist request.

Apple, Samsung and Google have responded by filing declaratory judgment cases against BoomCloud 360. How the courts and the USITC will resolve the overlapping proceedings and the underlying patent claims remains to be seen.