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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