Delay in ITC Review of First Infringement Ruling in Scorched Earth Litigation Between TiVo and Comcast

November 12, 2017

This past Thursday, the International Trade Commission (ITC) postponed its decision reviewing a May 2017 initial determination (ID) that Comcast (337-TA-1001) has infringed three patents asserted against it by TiVo (f/k/a Rovi Corporation). In a 600-page ID (the public version of which was made available in June), Administrative Law Judge David P. Shaw concluded that Comcast’s current set-top boxes infringe certain claims of two of TiVo’s patents, which the ALJ characterizes 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”. The ID also concludes that Comcast’s “legacy products” infringe those same patents, as well as a third, characterized as broadly related to “a television guide that allow [sic] users to record a program while simultaneously watching another program”. The Commission could issue its decision as soon as this week.

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