On November 21, the International Trade Commission (ITC) issued its final determination in the investigation that began with a complaint filed by TiVo (f/k/a Rovi Corporation) against Comcast (337-TA-1001), among others. The Commission affirmed the determination of Administrative Law Judge (ALJ) David P. Shaw that Comcast’s customers directly infringe two of TiVo’s patents, which are characterized as generally related to “interactive television guide programs that operate on local devices, such as a set-top box, and remote devices, such as a laptop or mobile phone”, thereby establishing a Section 337 violation as to Comcast’s X1 set-top boxes. The Commission issued limited exclusion and cease-and-desist orders commensurate with this conclusion, orders that would remain in place during any appeal, absent a settlement between the parties.
Recently formed Texas NPE Paluxy Messaging, LLC has initiated a first litigation campaign with new cases filed against 8×8 (6:16-cv-01346), Longview Cable Television (6:16-cv-01345), Nextiva (6:16-cv-01348), and ShoreTel (6:16-cv-01350). Paluxy asserts a single patent (8,411,829) generally related to a messaging system that separately transmits copies of recorded messages. The NPE accuses the defendants of infringement through provision of their voicemail services. The ‘829 patent has five named inventors, one of whom, James D. Logan, is a prolific inventor whose patents have been the subject of high-profile past litigation, including the long-running Personal Audio LLCcampaign. Public filings in connection with an appeal to the New Hampshire Supreme Court from Logan’s divorce decree indicate that his now second ex-wife, Caren, has been awarded, through a separate patent stipulation, a percentage interest in Logan’s patent holdings through the companies that own them.