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US ITC opens audio patent probe into Apple, Samsung and Google

MobiFacts ·

The US International Trade Commission instituted investigation 337-TA-1521 on 16 September 2026 after BoomCloud 360 Inc. of Encinitas, California accused Apple, Samsung and Google of infringing three spatial-audio patents and asked for an exclusion order barring imports.

The details

  • The US International Trade Commission voted to institute investigation No. 337-TA-1521, "Certain Electronic Devices with Certain Audio Technologies", on 16 September 2026.
  • The investigation is based on a complaint filed on behalf of BoomCloud 360 Inc. of Encinitas, California on 14 August 2026 and supplemented on 31 August 2026.
  • The complaint asserts certain claims of US Patent No. 10,524,078, US Patent No. 11,533,560 and US Patent No. 11,051,121.
  • The named respondents are Apple Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Google LLC.
  • The complaint alleges violations of section 337 of the Tariff Act of 1930 through the importation into the United States, the sale for importation, and the sale within the United States after importation of the accused devices.
  • BoomCloud 360 requests that the Commission issue a limited exclusion order and cease and desist orders covering the products alleged to infringe.
  • The USITC's Chief Administrative Law Judge will assign the case to an administrative law judge, who will schedule and hold an evidentiary hearing and issue an initial determination that is subject to review by the Commission.
  • The Commission must establish a target date for completing the investigation within 45 days after institution.
  • Samsung filed a declaratory judgment case against BoomCloud 360 in the US District Court for the Southern District of California on 3 September 2026, and Apple and Google filed similar declaratory judgment actions in August 2026.
  • The USITC states that instituting an investigation does not establish that patent infringement has occurred.

Why it matters

A Section 337 case asks for an import ban rather than damages, so the remedy sought here would apply to the devices themselves. Three of the largest phone makers are named in one filing.

Sources