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IPR Enforcement Actions on TV Guide Products, Network Communication Devices

Thursday, November 07, 2013
Sandler, Travis & Rosenberg Trade Report

No Import Restrictions on Products with Interactive Program Guides. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-845 of certain products containing interactive program guide and parental control technology.

The ITC affirmed the presiding administrative law judge’s findings that (a) the importation requirement is not met for all of the patents asserted by complainants Rovi Corporation, Rovi Guides Inc., Rovi Technologies Corporation, Starsight Telecast Inc., United Video Properties Inc. and Index Systems Inc., (b) three of the four patents at issue are valid but not infringed while the other patent is invalid and not infringed, and (c) a domestic industry exists for three of the patents with respect to articles protected by the patents based on investments in plants and equipment, labor and capital, research and development, and exploitation of engineering.

However, the ITCreversed the ALJ’s finding that the complainants have shown that the technical prong of the domestic industry requirement has been met for one patent. The ITC states that it does not need to reach the issue of whether the complainants have also shown that a domestic industry exists based on substantial investments in licensing and therefore takes no position on this issue.

Respondents Dropped from IPR Probe of Network Communication Devices. The International Trade Commission has terminated with respect to two respondents patent infringement investigation 337-TA-892 of certain point-to-point network communication devices and products containing the same, which is based on a complaint filed by Straight Path IP Group Inc. The ITC states that these two respondents no longer exist as corporate entities and have been replaced by certain other entities who are already respondents in the investigation.

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