The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital television set-top boxes, remote control devices, and components thereof. The products at issue in the investigation include set-top boxes and voice-enabled remote control devices used to make watching and using television systems, including interactive television systems, easier and more efficient.
The investigation is based on a complaint filed by OpenTV, Inc., of Mountain View, CA; Nagra USA, Inc., of San Francisco, CA; and Nagravision SA and Kudelski SA, both of Cheseaux-sur-Lausanne, Switzerland, on January 26, 2017. A supplement to the complaint was filed on February 13, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital television set-top boxes, remote control devices, and components thereof that allegedly infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC, of Philadelphia, PA;
Comcast Cable Communications Management, LLC, of Philadelphia, PA;
Comcast Business Communications, LLC, of Philadelphia, PA;
Comcast STB Software I, LLC, of Wilmington, DE;
ARRIS International plc of Suwanee, GA;
ARRIS Group, Inc., of Suwanee, GA;
ARRIS Technology, Inc., of Horsham, PA;
ARRIS Enterprises LLC of Suwanee, GA;
ARRIS Solutions, Inc., of Suwanee, GA;
ARRIS Global Ltd. (formerly Pace Ltd.) of Saltaire, West Yorkshire, England;
Pace Americas, LLC, of Boca Raton, FL;
Pace USA, LLC, of Boca Raton, FL;
Universal Electronics Inc. of Santa Ana, CA;
Gemstar Technology (China) Co. Ltd. of Guangzhou, Guangdong, China;
Gemstar Technology (Qinzhou) Co. Ltd. of Qinzhou, Guangxi Province, China; and
Gemstar Technology (Yongzhou) Co. Ltd. of Baoying, Yanzhou, China.
By instituting this investigation (337-TA-1041), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.