TiVo victorious in USITC investigation against Comcast
The US International Trade Commission (ITC) handed a win to television set-top box maker TiVo yesterday, after finding that telecoms business Comcast had infringed two of its patents.
The ITC banned Comcast from importing set-top boxes into the US and selling already imported products, in its decision, handed down yesterday, November 21.
TiVo, which merged with Rovi (the named complainant), had accused Comcast of infringing US patent numbers 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; 8,566,871; and 6,418,556. Tivo withdrew allegations on certain patent claims before the evidentiary hearing.
The complaint also named Arris and Technicolor, companies that make the set-top boxes.
The ITC instituted its investigation in May 2016 and, one year later, the administrative law judge (ALJ) issued the final initial determination, finding a violation of section 337 of the Tariff Act of 1930 in connection with the asserted claims of the ‘263 and ‘413 patents.
Both patents are called “Interactive television programme guide with remote access”.
According to the ITC: “The ALJ recommended that, subject to any public interest determinations of the Commission, the Commission should issue a limited exclusion order directed to certain accused products, that cease-and-desist orders issue to respondents, and that the Commission should not require any bond during the Presidential review period.”
US President Donald Trump can overturn the decision for policy reasons, but if he does not, the import ban and cease-and-desist orders will go into effect in 60 days.
The import ban relates to Comcast’s X1 set-top boxes, but not the Legacy range of products, as the ITC said that it was “too hypothetical” to determine whether these alternative designs infringe the patents.
In its original complaint to the ITC, TiVo alleged that Comcast had built its interactive cable business “on the back of Rovi’s technology” that Comcast had licensed for a fixed term.
“Comcast refuses to renew its licence on acceptable terms and continues to make, use, sell/lease and offer to sell/lease products that not only practise Rovi’s patented innovations, but also compete with Rovi’s own interactive programme guide products,” said the complaint.
Comcast can appeal against the ITC’s decision.
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