Google LLC v. Sonos, Inc.

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GOOGLE LLC,
Appellant
v.
SONOS, INC.,
Appellee
______________________
2024-2119, 2024-2120
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2023-
00118, IPR2023-00119.
______________________
Decided: June 9, 2026
______________________
D ANIEL C. T UCKER, Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP, Reston, VA, argued for appellant.
Also represented by ATIYA SAFIYA AGUILAR, ERIKA ARNER ,
Washington, DC; CORY C. BELL , Boston, MA.
ROBERT MANHAS , Orrick, Herrington & Sutcliffe LLP,
Washington, DC, argued for appellee. Also represented by
ELIZABETH M OULTON, San Francisco, CA; COLE BRADLEY
RICHTER, Lee Sullivan Shea & Smith LLP, Chicago, IL.
______________________
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GOOGLE LLC v. SONOS, INC. 2
Before M OORE, Chief Judge, L OURIE and R EYNA, Circuit
Judges.
MOORE, Chief Judge.
Google LLC (Google) appeals final written decisions
(FWDs) of the Patent Trial and Appeal Board (Board) hold-
ing claims 1–5, 7–13, and 15–20 of U.S. Patent
No. 10,134,398 and claims 1–7, 9–15, and 17–18 of U.S. Pa-
tent No. 10,593,330 unpatentable. For the following rea-
sons, we reverse and remand.
BACKGROUND
Google owns the ’398 and ’330 patents, which are di-
rected to improvements in hotword (e.g., “Hey Siri,” “OK
computer”) detection in sound-enabled devices that ad-
dress the problem of triggering multiple devices with a sin-
gle hotword. ’398 patent at Abstract, 3:43–48. The claimed
improvements cause an intended device to react to a hot-
word and suppress reaction on other devices. Id. at 3:52–
56. Devices detect and process a speech command, com-
pute a confidence score that the speech command is a hot-
word, and transmit the confidence score to other devices.
Id. at 5:6–10, 5:16–20, 5:32–34. A device determines
whether to remain in a sleep state or transition to an active
state based on the exchange of confidence scores with other
devices. Id. at 11:19–29, Fig. 1. Claim 9 of the ’398 patent
is representative:
[9.0] A system comprising:
one or more computers and one or more storage de-
vices storing instructions that are operable, when
executed by the one or more computers, to cause the
one or more computers to perform operations com-
prising:
[9.1] receiving, by a computing device that is in a low
power mode and that is configured to exit a low
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GOOGLE LLC v. SONOS, INC. 3
power mode upon detecting an utterance of a partic-
ular, predefined hotword using an on-device hotword
detector, audio data that corresponds to an utter-
ance of a particular, predefined hotword;
[9.2] while the computing device remains in the low
power mode, and in response to receiving the audio
data that corresponds to the utterance of the partic-
ular, predefined hotword, transmitting, by the com-
puting device and to another computing device that
is configured to exit a low power mode upon detect-
ing an utterance of the particular, predefined hot-
word, an output of processing the audio data using
the on-device hotword detector;
[9.3] while the computing device remains in low
power mode, receiving, by the computing device and
from the other computing device that is configured
to exit a low power mode upon detecting an utter-
ance of the particular, predefined hotword, an addi-
tional output of processing the audio data; and
[9.4] after transmitting the output of processing the
audio data using the on-device hotword detector and
after receiving the additional output of processing
the audio data from the other using device that is
configured to exit a low power mode upon detecting
an utterance of the particular, predefined hotword,
determining, by the computing device, to remain in
the low power mode.
Id. at 18:1–34 (emphases added).
Sonos, Inc. (Sonos) filed a petition for inter partes re-
view challenging claims 1–5, 7–13, and 15–20 of the
’398 patent and claims 1–7, 9–15, and 17–18 of the ’330 pa-
tent as anticipated by and obvious over the prior art.
J.A. 301–83; J.A. 3401–79. The Board held claims 1–3, 7–
11, and 15–18 of the ’398 patent and claims 1–3, 5, 7, 9–11,
13, 15, and 17–18 unpatentable as anticipated by U.S.
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GOOGLE LLC v. SONOS, INC. 4
Patent No. 8,340,795 (Rosenberger). J.A. 21–46; J.A. 75–
102. The Board held claims 4, 5, 12–13, and 19–20 of the
’398 patent and claims 4, 6, 12, and 14 of the ’330 patent
unpatentable as obvious over Rosenberger in view of U.S.
Patent Application Publication No. 2014/0163978 (Basye).
J.A. 46–52; J.A. 103–108. Google appeals. We have juris-
diction under 28 U.S.C. § 1295(a)(4)(A).
D ISCUSSION
Anticipation is a question of fact, and we review the
Board’s factual findings for substantial evidence. Sierra
Wireless, ULC v. Sisvel S.p.A., 130 F.4th 1019, 1022 (Fed.
Cir. 2025). Anticipation requires a single reference to dis-
close every claim limitation, either expressly or inherently.
Sage Prods., LLC v. Stewart, 133 F.4th 1376, 1380 (Fed.
Cir. 2025).
Google argues the Board reversibly erred in holding the
independent claims of the ’398 and ’330 patents unpatent-
able as anticipated by Rosenberger. Appellant’s Br. 24–
35.1 Specifically, Google argues the Board’s finding that
Rosenberger discloses transmitting messages while the
computing device remains in a low power mode is unsup-
ported by substantial evidence. See id. at 24. We agree.
The Board relied on column 8 of Rosenberger to support
its finding that Rosenberger discloses a device exchanging
weighted signals (i.e., the claimed messages) while in a low
power “listening” mode to determine whether to exit the
low power mode to interact with a user. J.A. 24–25, 37–42
(discussing J.A. 902 (Rosenberger) at 8:17–39). Column 8
of Rosenberger, however, never discloses exchanging
weighted signals, let alone exchanging weighted signals
while the device remains in the low power “listening” mode.
1 We cite the Board’s FWD for the ’398 patent only,
as the FWD for the ’330 patent is substantially the same.
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GOOGLE LLC v. SONOS, INC. 5
Column 8 discloses that a device “normally operates in a
low power ‘listening’ mode” and:
[u]pon receiving and recognizing a speech trigger
phrase and determining that it is in a better posi-
tion to handle subsequent user interaction than
any other device that simultaneously recognized
the same speech trigger phrase (see device coordi-
nation discussion below), or when the user de-
presses the “Push to Talk” button 24 on the device,
or in the event the device is instructed to wake up
and expect a subsequent speech command by a sys-
tem controller, the device beeps, changes its status
light 34 or plays a prerecorded or synthesized audio
message (e.g. “How may I help you?”) through
speaker 19 and/or 20 to prompt the user to say one
of the speech commands from a known vocabulary
or grammar stored in the speech pattern memory
14.
J.A. 902 at 8:17–32. The Board credited the testimony of
Sonos’ expert, Dr. Johnson, that while Rosenberger gener-
ally discloses devices configured to exit a low power mode
before exchanging weighted signals, the column 8 passage
discloses an instance where devices remain in the low
power “listening” mode while exchanging weighted signals
according to a coordination method. J.A. 40–41 (citing
J.A. 818–19, 824–25 ¶¶ 121, 139). The “device coordina-
tion discussion” column 8 refers to and Dr. Johnson relies
on for his anticipation opinion, however, describes embodi-
ments where upon detecting a spoken trigger or command
phrase, the devices exit the low power “listening” mode to
calculate and exchange weighted signals. J.A. 904–05 at
11:27–14:9 (describing coordination methods depicted in
Figs. 4, 5A, 5B, and 6). Rosenberger’s column 8 disclosure
therefore cannot anticipate because it fails to disclose the
limitations directed to exchanging messages while in a low
power mode. See In re NTP, Inc., 654 F.3d 1279, 1302 (Fed.
Cir. 2011) (“Keeping in mind that these are anticipation,
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GOOGLE LLC v. SONOS, INC. 6
not obviousness rejections, the failure to disclose this claim
element requires reversal of these rejections.”).
Sonos offers two reasons why the Board’s anticipation
findings are supported by substantial evidence. Appellee’s
Br. 15–19. First, Sonos argues the Board reasonably found
column 8’s disclosure of a device that “changes its status
light” corresponds to a change from the low power “listen-
ing” mode to a mode that consumes more power to handle
a user’s speech commands. Appellee’s Br. 17–18 (citing
J.A. 25); see J.A. 902 at 8:17–32. This finding is unsup-
ported by substantial evidence because Rosenberger does
not disclose that a change in status light indicates a tran-
sition out of the low power “listening” mode. Rather, col-
umn 8 discloses that “the device beeps, changes its status
light 34 or plays a prerecorded or synthesized audio mes-
sage . . . to prompt the user to say one of the speech com-
mands.” J.A. 902 at 8:28–32 (emphasis added).
Rosenberger never suggests the change in status light in-
dicates a change from the low power “listening” mode to a
higher power consumption mode.
Second, Sonos argues the Board reasonably found col-
umn 8’s disclosure that the device “wakes up” indicates the
device exits the low power “listening” mode after “deter-
mining that it is in a better position to handle subsequent
user interaction than any other device.” Appellee’s Br. 18–
19 (citing J.A. 25, 40–41); see J.A. 902 at 8:26. Column 8’s
disclosure of the device waking up, however, does not result
from the device determining it is in a better position to han-
dle user interaction. J.A. 902 at 8:20–27. Column 8 dis-
closes “determining that [a device] is in a better position to
handle subsequent user interaction” and “instruct[ing] [the
device] to wake up” as alternatives for getting the device to
interact with the user. Id. at 8:20–32 (separating each al-
ternative in the list by “or”). The Board’s finding “that one
device in a ‘better position’ than the other devices [to han-
dle a subsequent user query] then exits its low power mode
and ‘wakes up’ so it can respond to any subsequent user
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GOOGLE LLC v. SONOS, INC. 7
query” is unsupported by substantial evidence because it
assumes a causal relationship between two steps Rosen-
berger discloses as independent alternatives. J.A. 25.
Sonos argues we may nevertheless affirm under its al-
ternative theory that Rosenberger anticipates the chal-
lenged claims because Rosenberger’s devices remain in a
low power mode other than Rosenberger’s self-described,
low power “listening” mode during coordination. Appellee’s
Br. 31–37. Sonos asserts that while exchanging coordina-
tion messages, devices would consume less power than
when in an operating mode because components associated
with user interaction and processing speech commands
would consume less power. Id. at 33–35 (citing J.A. 338;
J.A. 570–72). In Sonos’ view, this reduced power consump-
tion during coordination meets the parties’ agreed-upon
construction for “low power mode” of “an operating mode or
state in which power is conserved.” Id. at 33 (citing
J.A. 20). It is undisputed, however, that the Board made
no fact findings regarding this alternative “low power
mode” theory in its FWDs. Appellant’s Br. 35; Appellee’s
Br. 32. We decline to make fact findings regarding this al-
ternative theory in the first instance and leave this issue
for the Board to consider on remand. See Regents of Univ.
of Cal. v. Broad Inst., Inc., 903 F.3d 1286, 1294 (Fed. Cir.
2018) (“It is not our role to ask whether substantial evi-
dence supports fact-findings not made by the Board, but
instead whether such evidence supports the findings that
were in fact made.”).
CONCLUSION
We have considered Sonos’ remaining arguments and
find them unpersuasive. We reverse the Board’s holdings
that claims 1–3, 7–11, and 15–18 of the ’398 patent and
claims 1–3, 5, 7, 9–11, 13, 15, and 17–18 are anticipated by
Rosenberger or obvious over Rosenberger and Basye. We
remand for further proceedings consistent with this opin-
ion.
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GOOGLE LLC v. SONOS, INC. 8
REVERSED AND REMANDED
COSTS
Costs to Google.
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