ARTICLE
30 May 2022

ITC Institutes Investigation (337-TA-1315) In Certain Digital Set-Top Boxes

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Oblon, McClelland, Maier & Neustadt, L.L.P

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Oblon is among the largest US law firms that exclusively practice IP law. Businesses worldwide depend on Oblon to establish, protect and leverage their IP assets. Our team of 100+ legal professionals includes some of the country’s most respected practitioners. Most attorneys hold advanced degrees in engineering, physics, chemistry, biotechnology and other scientific disciplines. Oblon is headquartered within steps of the USPTO office in Alexandria, Virginia. 
On May 24, 2022, the ITC issued a Notice of Investigation in Certain Digital Set-Top Boxes and Systems and Services Including the Same.
United States Intellectual Property

On May 24, 2022, the ITC issued a Notice of Investigation in Certain Digital Set-Top Boxes and Systems and Services Including the Same (Inv. No. 337-TA-1315).

By way of background, this investigation is based on a April 22, 2022 complaint filed by Broadband iTV, Inc. of Austin, Texas ("Broadband") alleging violations of section 337 by Respondents Comcast Corporation of Philadelphia, Pennsylvania; Comcast Cable Communications, LLC of Philadelphia, Pennsylvania; NBCUniversal Media, LLC of Universal City, California; Charter Communications, Inc. of Stamford, Connecticut; Charter Communications Operating, LLC of St. Louis, Missouri; Charter Communications Holding Company, LLC of St. Louis, Missouri; Spectrum Management Holding Company, LLC of St. Louis, Missouri; Altice USA, Inc. of Long Island City, New York; CSC Holdings, LLC of Long Island City, New York; and Cablevision Systems Corp. of Bethpage, New York (collectively, "Respondents") in the unlawful importation/sale of certain set-top boxes and systems and services including the same by reason of infringement of certain claims of U.S. Patent No. 9,866,909; U.S. Patent No. 10,555,014; U.S. Patent No. 9,936,240; and U.S. Patent No. 11,277,669.

According to the complaint, the asserted Patents generally relate to improvements to video-on-demand (VOD) and electronic program-guide (EPG) technologies, and more specifically provide solutions to improve and streamline how television content and metadata is organized, selected, and ultimately presented to subscribers through a set-top box. The accused products are used by subscribers, primarily for entertainment purposes, to access television content, such as movies and TV shows, and include (i) imported set-top boxes, including streaming devices, for receiving television services; and (ii) services and systems that incorporate the imported set-top boxes, and components of such systems. Broadband is requesting that the Commission issue a limited exclusion order and cease-and-desist order against Respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation. Lastly, Chief ALJ Clark S. Cheney issued a notice that ALJ Cameron R. Elliot will preside over the investigation.

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