82 FR 56268 - Certain Digital Video Receivers and Hardware and Software Components Thereof Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Denial of Petition Requesting Reconsideration of Commission Determination Finding Petition of Certain Issues To Be Waived; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range		56268-56269
FR Document		2017-25625

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has found a violation of section 337 in this investigation and has issued a limited exclusion order (``LEO'') prohibiting importation of certain digital video receivers and hardware and software components thereof, and has issued cease and desist orders (``CDOs'') directed to the Comcast respondents. This investigation is terminated.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)

[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56268-56269]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-25625]

[[Page 56268]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1001]

Certain Digital Video Receivers and Hardware and Software
Components Thereof Notice of the Commission's Final Determination
Finding a Violation of Section 337; Issuance of a Limited Exclusion
Order and Cease and Desist Orders; Denial of Petition Requesting
Reconsideration of Commission Determination Finding Petition of Certain
Issues To Be Waived; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has found a violation of section 337 in
this investigation and has issued a limited exclusion order (``LEO'')
prohibiting importation of certain digital video receivers and hardware
and software components thereof, and has issued cease and desist orders
(``CDOs'') directed to the Comcast respondents. This investigation is
terminated.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3427. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone 202-205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (``EDIS'') at https://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on May 26, 2016, based on a complaint filed on behalf of Rovi
Corporation and Rovi Guides, Inc. (collectively, ``Rovi''), both of San
Carlos, California. 81 FR 33547-48 (May 26, 2016). The complaint, as
amended, alleges violations of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (``section 337''), by reason of infringement
of certain claims of U.S. Patent Nos. 8,006,263 (``the '263 patent'');
8,578,413 (``the '413 patent''); 8,046,801 (``the '801 patent'');
8,621,512 (``the '512 patent''); 8,768,147 (``the '147 patent'');
8,566,871 (``the '871 patent''); and 6,418,556 (``the '556 patent'').
The complaint further alleges that a domestic industry exists. Id. at
33548.
The Commission's notice of investigation named sixteen respondents
(collectively, ``Respondents''). The respondents are 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 Holdings Corporation of Philadelphia, PA; Comcast Shared
Services, LLC of Chicago, IL (collectively, ``Comcast''); Technicolor
SA of Issy-les-Moulineaux, France; Technicolor USA, Inc. of
Indianapolis, IN; Technicolor Connected Home USA LLC of Indianapolis,
IN (collectively, ``Technicolor''); Pace Ltd. of Saltaire, England (now
ARRIS Global Ltd.); Pace Americas, LLC of Boca Raton, FL; ARRIS
International plc of Suwanee, GA; ARRIS Group Inc. of Suwanee, GA;
ARRIS Technology, Inc. of Horsham, PA; ARRIS Enterprises Inc. of
Suwanee, GA (now ARRIS Enterprises LLC); and ARRIS Solutions, Inc. of
Suwanee, GA (collectively, ``ARRIS''). 81 FR at 33548; see also 82 FR
38934 (Aug. 16, 2017). The Office of Unfair Import Investigations is
not a party to this investigation. 81 FR at 33548.
Prior to the evidentiary hearing, Rovi withdrew its allegations as
to certain patent claims. See Order No. 17 (Sept. 23, 2016),
unreviewed, Comm'n Notice (Oct. 21, 2016); Order No. 25 (Nov. 14,
2016), unreviewed, Comm'n Notice (Dec. 2, 2016); Order No. 27 (Dec. 5,
2016), unreviewed, Comm'n Notice (Dec. 28, 2016). Rovi proceeded at the
evidentiary hearing on the following patents and claims: Claims 7, 18,
and 40 of the '556 patent; claims 1, 2, 14, and 17 of the '263 patent;
claims 1, 5, 10, and 15 of the '801 patent; claims 12, 17, and 18 of
the '871 patent; claims 1, 3, 5, 9, 10, 14, and 18 of the '413 patent;
and claims 1, 10, 13, and 22 of the '512 patent.
On May 26, 2017, the administrative law judge (the ``ALJ'') issued
the final initial determination (the ``Final ID''), which finds a
violation of section 337 by Respondents in connection with the asserted
claims of the '263 and '413 patents. The Final ID finds no violation of
section 337 in connection with the asserted claims of the '556, '801,
'871, and '512 patents. The ALJ recommended that, subject to any public
interest determinations of the Commission, the Commission should issue
an LEO directed to certain accused products, that CDOs issue to
Respondents, and that the Commission should not require any bond during
the Presidential review period (see 19 U.S.C. 1337(j)).
On June 12, 2017, Rovi and Respondents filed with the Commission
petitions for review of the Final ID. Respondents petitioned thirty-two
of the Final ID's conclusions, and Rovi petitioned seven of the Final
ID's conclusions. On June 20, 2017, the parties filed responsive
submissions. On July 11, 2017, Rovi and Respondents filed statements on
the public interest. The Commission also received and considered
numerous comments on the public interest from non-parties. On July 5,
2017, Rovi and the ARRIS respondents filed a Joint Unopposed Motion
for, and Memorandum in Support of, Leave to Amend the Complaint and
Notice of Investigation to Correct Corporate Names of Two ARRIS
Respondents. The motion indicated that ARRIS Enterprises, Inc. has
changed its name to ARRIS Enterprises LLC and that Pace Ltd. has
changed its name to ARRIS Global Ltd. And, on July 25, 2017, Comcast
submitted with the Office of the Secretary a letter including
supplemental disclosure and representations. On July 31, 2017, Rovi
submitted with the Office of the Secretary a response thereto. On
August 9, 2017, Comcast filed a response to Rovi's submission.
On August 10, 2017, and after having reviewed the record, including
the petitions and responses thereto, the Commission determined to
review the Final ID in part. 82 FR 38934-36 (Aug. 16, 2017) (the
``Notice of Review''). In particular, the Commission determined to
review the following:

(1) The Final ID's determination that Comcast is an importer of
the accused products (Issue 1 in Respondents' Petition for Review).
(2) The Final ID's determination that Comcast has not sold
accused products in the United States after the importation of those
products into the United States (the issue discussed in section III
of Rovi's Petition for Review).
(3) The Final ID's determination that the accused Legacy
products are ``articles that infringe'' (Issue 2 in Respondents'
Petition for Review).
(4) The issue of whether the X1 products are ``articles that
infringe'' (Issue 3 in Respondents' Petition for Review), the issue
of direct infringement of the '263 and '413 patents by the X1
accused products (Issue 5 in Respondents' Petition for Review), and
the issue of ``the nature and scope of the violation found'' (the
issue discussed in

[[Page 56269]]

section X of Respondents' Petition for Review).
(5) The issue of whether Comcast's two alternative designs
infringe the '263 and '413 patents (Issue 4 in Respondents' Petition
for Review).
(6) The Final ID's claim construction of ``cancel a function of
the second tuner to permit the second tuner to perform the requested
tuning operation'' in the '512 patent, and the Final ID's
infringement determinations as to that patent (Issue 26 in
Respondents' Petition for Review).
(7) The Final ID's conclusion that the asserted claims of the
'512 patent are invalid as obvious (the issue discussed in section
VI.B.4 of Rovi's Petition for Review).
(8) The issue of whether the ARRIS-Rovi Agreement provides a
defense to the allegations against the ARRIS respondents (the issue
discussed in section XI of Respondents' Petition for Review).
(9) The Final ID's conclusion that Rovi did not establish the
economic prong of the domestic industry requirement based on patent
licensing (the issue discussed in section IV of Rovi's Petition for
Review).

Id. at 38935. The Commission determined to not review the remainder of
the Final ID. Id. The Commission additionally concluded that
Respondents' petition of certain issues decided in the Final ID was
improper, and therefore, those assignments of error were waived. Id. In
the Notice of Review, the Commission also granted the motion to correct
the corporate names of two of the respondents and determined to reopen
the evidentiary record and accept the supplemental disclosure, response
thereto, and reply to the response. Id. at 38934-35. The Commission
requested briefing on some of the issues under review and also on
remedy, the public interest, and bonding. Id. at 38935-36.
On August 23, 2017, Respondents filed a Petition for
Reconsideration of the Commission's Determination of Waiver as to
Certain Issues Specified in Respondents' Petition for Review or,
Alternatively, Application of Waiver to Issues Raised in Rovi's
Petition for Review. On August 30, 2017, Rovi filed a response thereto.
The Commission has determined to deny that petition.
On August 24, 2017, Rovi and Respondents filed their written
submissions on the issues under review and on remedy, public interest,
and bonding, and on August 31, 2017, the parties filed their reply
submissions.
Having examined the record in this investigation, the Commission
has determined to affirm the Final ID's conclusion that Comcast has
violated section 337 in connection with the asserted claims of the '263
and '413 patents.
The Commission has determined to affirm the Final ID in part,
affirm the Final ID with modifications in part, reverse the Final ID in
part, vacate the Final ID in part, and take no position as to certain
issues under review. More particularly, the Commission affirms the
Final ID's determination that Comcast imports the accused X1 set-top
boxes (``STBs''), and takes no position as to whether Comcast is an
importer of the Legacy STBs. The Commission also takes no position on
as to whether Comcast sells the accused products after importation.
The Commission concludes that there is no section 337 violation as
to the Legacy STBs. Regarding the X1 STBs, the Commission affirms the
Final ID's conclusion that Comcast's customers directly infringe the
'263 and '413 patents. Thus, the Commission affirms the Final ID's
conclusion that complainant Rovi has established a violation by Comcast
as to those patents and the X1 STBs.
The Commission also takes the following actions. The Commission
vacates the Final ID's conclusion that Comcast's two alternative
designs infringe the '263 and '413 patents and instead concludes that
those designs are too hypothetical to adjudicate at this time. The
Commission modifies and affirms the Final ID's claim construction of
the claim term ``cancel a function of the second tuner to permit the
second tuner to perform the requested tuning operation'' in the '512
patent and affirms the Final ID's infringement determinations as to
that patent. The Commission modifies and affirms the Final ID's
conclusion that the asserted claims of the '512 patent are invalid as
obvious. The Commission takes no position as to whether the ARRIS-Rovi
Agreement provides a defense to the allegations against ARRIS, and as
to whether Rovi established the economic prong of the domestic industry
requirement based on patent licensing. The Commission adopts the
remainder of the Final ID to the extent that it does not conflict with
the Commission's opinion or to the extent it is not expressly addressed
in the Commission's opinion.
Having found a violation of section 337 in this investigation by
Comcast with respect to the '263 and '413 patents, the Commission has
determined that the appropriate form of relief is (1) a LEO, that
subject to certain exceptions provided therein, prohibits the
unlicensed entry of certain digital video receivers and hardware and
software components thereof that infringe one or more of claims 1, 2,
14, and 17 of the '263 patent and claims 1, 3, 5, 9, 10, 14, and 18 of
the '413 patent that are manufactured by, or on behalf of, or are
imported by or on behalf of Comcast or any of its affiliated companies,
parents, subsidiaries, agents, or other related business entities, or
their successors or assigns; and (2) CDOs that, subject to certain
exceptions provided therein, prohibit Comcast from conducting any of
the following activities in the United States: importing, selling,
offering for sale, leasing, offering for lease, renting, offering for
rent, marketing, advertising, distributing, transferring (except for
exportation), and soliciting U.S. agents or distributors for imported
covered products; and aiding or abetting other entities in the
importation, sale for importation, sale after importation, lease after
importation, rent after importation, transfer, or distribution of
covered products.
The Commission has also determined that the public interest factors
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not
preclude issuance of the LEO or CDOs. Finally, the Commission has
determined that the excluded digital video receivers and hardware and
software components thereof may be imported and sold in the United
States during the period of Presidential review with the posting of a
bond in the amount of zero percent of the entered value of the
infringing goods (i.e., no bond). The Commission's orders and opinion
were delivered to the President and to the United States Trade
Representative on the day of their issuance.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).

By order of the Commission.

Issued: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25625 Filed 11-27-17; 8:45 am]
BILLING CODE 7020-02-P

56268 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

INTERNATIONAL TRADE Patent Nos. 8,006,263 (‘‘the ’263 public interest determinations of the
COMMISSION patent’’); 8,578,413 (‘‘the ’413 patent’’); Commission, the Commission should
8,046,801 (‘‘the ’801 patent’’); 8,621,512 issue an LEO directed to certain accused
[Investigation No. 337–TA–1001]
(‘‘the ’512 patent’’); 8,768,147 (‘‘the ’147 products, that CDOs issue to
Certain Digital Video Receivers and patent’’); 8,566,871 (‘‘the ’871 patent’’); Respondents, and that the Commission
Hardware and Software Components and 6,418,556 (‘‘the ’556 patent’’). The should not require any bond during the
Thereof Notice of the Commission’s complaint further alleges that a Presidential review period (see 19
Final Determination Finding a Violation domestic industry exists. Id. at 33548. U.S.C. 1337(j)).
The Commission’s notice of On June 12, 2017, Rovi and
of Section 337; Issuance of a Limited
investigation named sixteen Respondents filed with the Commission
Exclusion Order and Cease and Desist
respondents (collectively, petitions for review of the Final ID.
Orders; Denial of Petition Requesting
‘‘Respondents’’). The respondents are Respondents petitioned thirty-two of the
Reconsideration of Commission
Comcast Corporation of Philadelphia, Final ID’s conclusions, and Rovi
Determination Finding Petition of
PA; Comcast Cable Communications, petitioned seven of the Final ID’s
Certain Issues To Be Waived; LLC of Philadelphia, PA; Comcast Cable
Termination of the Investigation conclusions. On June 20, 2017, the
Communications Management, LLC of parties filed responsive submissions. On
AGENCY: U.S. International Trade Philadelphia, PA; Comcast Business July 11, 2017, Rovi and Respondents
Commission. Communications, LLC of Philadelphia, filed statements on the public interest.
ACTION: Notice. PA; Comcast Holdings Corporation of The Commission also received and
Philadelphia, PA; Comcast Shared considered numerous comments on the
SUMMARY: Notice is hereby given that Services, LLC of Chicago, IL public interest from non-parties. On July
the U.S. International Trade (collectively, ‘‘Comcast’’); Technicolor 5, 2017, Rovi and the ARRIS
Commission (the ‘‘Commission’’) has SA of Issy-les-Moulineaux, France; respondents filed a Joint Unopposed
found a violation of section 337 in this Technicolor USA, Inc. of Indianapolis, Motion for, and Memorandum in
investigation and has issued a limited IN; Technicolor Connected Home USA Support of, Leave to Amend the
exclusion order (‘‘LEO’’) prohibiting LLC of Indianapolis, IN (collectively, Complaint and Notice of Investigation to
importation of certain digital video ‘‘Technicolor’’); Pace Ltd. of Saltaire, Correct Corporate Names of Two ARRIS
receivers and hardware and software England (now ARRIS Global Ltd.); Pace Respondents. The motion indicated that
components thereof, and has issued Americas, LLC of Boca Raton, FL; ARRIS Enterprises, Inc. has changed its
cease and desist orders (‘‘CDOs’’) ARRIS International plc of Suwanee, name to ARRIS Enterprises LLC and that
directed to the Comcast respondents. GA; ARRIS Group Inc. of Suwanee, GA; Pace Ltd. has changed its name to
This investigation is terminated. ARRIS Technology, Inc. of Horsham, ARRIS Global Ltd. And, on July 25,
FOR FURTHER INFORMATION CONTACT: Ron
PA; ARRIS Enterprises Inc. of Suwanee, 2017, Comcast submitted with the
Traud, Office of the General Counsel, GA (now ARRIS Enterprises LLC); and Office of the Secretary a letter including
U.S. International Trade Commission, ARRIS Solutions, Inc. of Suwanee, GA supplemental disclosure and
500 E Street SW., Washington, DC (collectively, ‘‘ARRIS’’). 81 FR at 33548; representations. On July 31, 2017, Rovi
20436, telephone 202–205–3427. Copies see also 82 FR 38934 (Aug. 16, 2017). submitted with the Office of the
The Office of Unfair Import Secretary a response thereto. On August
of non-confidential documents filed in
Investigations is not a party to this 9, 2017, Comcast filed a response to
connection with this investigation are or
investigation. 81 FR at 33548.
will be available for inspection during Rovi’s submission.
Prior to the evidentiary hearing, Rovi
official business hours (8:45 a.m. to 5:15 On August 10, 2017, and after having
withdrew its allegations as to certain
p.m.) in the Office of the Secretary, U.S. patent claims. See Order No. 17 (Sept. reviewed the record, including the
International Trade Commission, 500 E 23, 2016), unreviewed, Comm’n Notice petitions and responses thereto, the
Street SW., Washington, DC 20436, (Oct. 21, 2016); Order No. 25 (Nov. 14, Commission determined to review the
telephone 202–205–2000. General 2016), unreviewed, Comm’n Notice Final ID in part. 82 FR 38934–36 (Aug.
information concerning the Commission (Dec. 2, 2016); Order No. 27 (Dec. 5, 16, 2017) (the ‘‘Notice of Review’’). In
may also be obtained by accessing its 2016), unreviewed, Comm’n Notice particular, the Commission determined
Internet server at https://www.usitc.gov. (Dec. 28, 2016). Rovi proceeded at the to review the following:
The public record for this investigation evidentiary hearing on the following (1) The Final ID’s determination that
may be viewed on the Commission’s patents and claims: Claims 7, 18, and 40 Comcast is an importer of the accused
electronic docket (‘‘EDIS’’) at https:// of the ’556 patent; claims 1, 2, 14, and products (Issue 1 in Respondents’ Petition for
edis.usitc.gov. Hearing-impaired 17 of the ’263 patent; claims 1, 5, 10, Review).
persons are advised that information on (2) The Final ID’s determination that
and 15 of the ’801 patent; claims 12, 17,
this matter can be obtained by Comcast has not sold accused products in the
and 18 of the ’871 patent; claims 1, 3, United States after the importation of those
contacting the Commission’s TDD 5, 9, 10, 14, and 18 of the ’413 patent; products into the United States (the issue
terminal, telephone 202–205–1810. and claims 1, 10, 13, and 22 of the ’512 discussed in section III of Rovi’s Petition for
SUPPLEMENTARY INFORMATION: The patent. Review).
Commission instituted this investigation On May 26, 2017, the administrative (3) The Final ID’s determination that the
on May 26, 2016, based on a complaint law judge (the ‘‘ALJ’’) issued the final accused Legacy products are ‘‘articles that
filed on behalf of Rovi Corporation and initial determination (the ‘‘Final ID’’), infringe’’ (Issue 2 in Respondents’ Petition
Rovi Guides, Inc. (collectively, ‘‘Rovi’’), which finds a violation of section 337 for Review).
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both of San Carlos, California. 81 FR by Respondents in connection with the (4) The issue of whether the X1 products
33547–48 (May 26, 2016). The asserted claims of the ’263 and ’413 are ‘‘articles that infringe’’ (Issue 3 in
Respondents’ Petition for Review), the issue
complaint, as amended, alleges patents. The Final ID finds no violation of direct infringement of the ’263 and ’413
violations of section 337 of the Tariff of section 337 in connection with the patents by the X1 accused products (Issue 5
Act of 1930, as amended, 19 U.S.C. 1337 asserted claims of the ’556, ’801, ’871, in Respondents’ Petition for Review), and the
(‘‘section 337’’), by reason of and ’512 patents. The ALJ issue of ‘‘the nature and scope of the
infringement of certain claims of U.S. recommended that, subject to any violation found’’ (the issue discussed in

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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices 56269

section X of Respondents’ Petition for Final ID with modifications in part, of, or are imported by or on behalf of
Review). reverse the Final ID in part, vacate the Comcast or any of its affiliated
(5) The issue of whether Comcast’s two Final ID in part, and take no position as companies, parents, subsidiaries, agents,
alternative designs infringe the ’263 and ’413 to certain issues under review. More or other related business entities, or
patents (Issue 4 in Respondents’ Petition for
Review).
particularly, the Commission affirms the their successors or assigns; and (2)
(6) The Final ID’s claim construction of Final ID’s determination that Comcast CDOs that, subject to certain exceptions
‘‘cancel a function of the second tuner to imports the accused X1 set-top boxes provided therein, prohibit Comcast from
permit the second tuner to perform the (‘‘STBs’’), and takes no position as to conducting any of the following
requested tuning operation’’ in the ’512 whether Comcast is an importer of the activities in the United States:
patent, and the Final ID’s infringement Legacy STBs. The Commission also importing, selling, offering for sale,
determinations as to that patent (Issue 26 in takes no position on as to whether leasing, offering for lease, renting,
Respondents’ Petition for Review). Comcast sells the accused products after offering for rent, marketing, advertising,
(7) The Final ID’s conclusion that the importation. distributing, transferring (except for
asserted claims of the ’512 patent are invalid The Commission concludes that there
as obvious (the issue discussed in section
exportation), and soliciting U.S. agents
is no section 337 violation as to the or distributors for imported covered
VI.B.4 of Rovi’s Petition for Review).
(8) The issue of whether the ARRIS-Rovi
Legacy STBs. Regarding the X1 STBs, products; and aiding or abetting other
Agreement provides a defense to the the Commission affirms the Final ID’s entities in the importation, sale for
allegations against the ARRIS respondents conclusion that Comcast’s customers importation, sale after importation, lease
(the issue discussed in section XI of directly infringe the ’263 and ’413 after importation, rent after importation,
Respondents’ Petition for Review). patents. Thus, the Commission affirms transfer, or distribution of covered
(9) The Final ID’s conclusion that Rovi did the Final ID’s conclusion that products.
not establish the economic prong of the complainant Rovi has established a The Commission has also determined
domestic industry requirement based on violation by Comcast as to those patents
patent licensing (the issue discussed in
that the public interest factors
and the X1 STBs. enumerated in section 337(d) and (f) (19
section IV of Rovi’s Petition for Review). The Commission also takes the U.S.C. 1337(d) and (f)) do not preclude
Id. at 38935. The Commission following actions. The Commission issuance of the LEO or CDOs. Finally,
determined to not review the remainder vacates the Final ID’s conclusion that the Commission has determined that the
of the Final ID. Id. The Commission Comcast’s two alternative designs excluded digital video receivers and
additionally concluded that infringe the ’263 and ’413 patents and hardware and software components
Respondents’ petition of certain issues instead concludes that those designs are thereof may be imported and sold in the
decided in the Final ID was improper, too hypothetical to adjudicate at this United States during the period of
and therefore, those assignments of error time. The Commission modifies and Presidential review with the posting of
were waived. Id. In the Notice of affirms the Final ID’s claim construction a bond in the amount of zero percent of
Review, the Commission also granted of the claim term ‘‘cancel a function of the entered value of the infringing goods
the motion to correct the corporate the second tuner to permit the second (i.e., no bond). The Commission’s orders
names of two of the respondents and tuner to perform the requested tuning
and opinion were delivered to the
determined to reopen the evidentiary operation’’ in the ’512 patent and
President and to the United States Trade
record and accept the supplemental affirms the Final ID’s infringement
Representative on the day of their
disclosure, response thereto, and reply determinations as to that patent. The
issuance.
to the response. Id. at 38934–35. The Commission modifies and affirms the
The authority for the Commission’s
Commission requested briefing on some Final ID’s conclusion that the asserted
determination is contained in section
of the issues under review and also on claims of the ’512 patent are invalid as
337 of the Tariff Act of 1930, as
remedy, the public interest, and obvious. The Commission takes no
amended (19 U.S.C. 1337), and in Part
bonding. Id. at 38935–36. position as to whether the ARRIS-Rovi
On August 23, 2017, Respondents 210 of the Commission’s Rules of
Agreement provides a defense to the
filed a Petition for Reconsideration of Practice and Procedure (19 CFR part
allegations against ARRIS, and as to
the Commission’s Determination of 210).
whether Rovi established the economic
Waiver as to Certain Issues Specified in prong of the domestic industry By order of the Commission.
Respondents’ Petition for Review or, requirement based on patent licensing. Issued: November 21, 2017.
Alternatively, Application of Waiver to The Commission adopts the remainder Katherine M. Hiner,
Issues Raised in Rovi’s Petition for of the Final ID to the extent that it does Supervisory Attorney.
Review. On August 30, 2017, Rovi filed not conflict with the Commission’s [FR Doc. 2017–25625 Filed 11–27–17; 8:45 am]
a response thereto. The Commission has opinion or to the extent it is not BILLING CODE 7020–02–P
determined to deny that petition. expressly addressed in the
On August 24, 2017, Rovi and Commission’s opinion.
Respondents filed their written Having found a violation of section
337 in this investigation by Comcast DEPARTMENT OF JUSTICE
submissions on the issues under review
and on remedy, public interest, and with respect to the ’263 and ’413 Notice of Lodging of Proposed
bonding, and on August 31, 2017, the patents, the Commission has Stipulation and Order Under the
parties filed their reply submissions. determined that the appropriate form of Comprehensive Environmental
Having examined the record in this relief is (1) a LEO, that subject to certain Response, Compensation, and Liability
investigation, the Commission has exceptions provided therein, prohibits
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Act
determined to affirm the Final ID’s the unlicensed entry of certain digital
conclusion that Comcast has violated video receivers and hardware and On November 20, 2017, the
section 337 in connection with the software components thereof that Department of Justice lodged a proposed
asserted claims of the ’263 and ’413 infringe one or more of claims 1, 2, 14, Stipulation and Order with the United
patents. and 17 of the ’263 patent and claims 1, States Bankruptcy Court for the
The Commission has determined to 3, 5, 9, 10, 14, and 18 of the ’413 patent Southern District of New York in the
affirm the Final ID in part, affirm the that are manufactured by, or on behalf bankruptcy proceedings entitled In re

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Document Created: 2017-11-28 01:51:17
Document Modified: 2017-11-28 01:51:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3427. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (``EDIS'') at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal, telephone 202-205-1810.
FR Citation		82 FR 56268