[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78362-78363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26685]



[[Page 78362]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1158]


Certain Digital Video Receivers, Broadband Gateways, and Related 
Hardware and Software Components; Notice of a Commission Determination 
to Grant a Joint Motion To Terminate the Investigation in Its Entirety 
Based on a Settlement Agreement; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant a joint motion terminating the 
investigation as to Comcast Corporation, Comcast Cable Communications, 
LLC, Comcast Cable Communications Management, LLC, and Comcast Holdings 
Corporation (collectively, ``Comcast''), all of Philadelphia, 
Pennsylvania, based on a settlement agreement. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#480d0c011b7b002d2438083d3b213c2b662f273e"><span class="__cf_email__" data-cfemail="93d6d7dac0a0dbf6ffe3d3e6e0fae7f0bdf4fce5">[email protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On May 29, 2019, the Commission instituted 
this investigation based on a complaint filed by Rovi Corporation and 
Rovi Guides, Inc. (collectively, ``Rovi''), both of San Jose, 
California. 84 FR 24814-15 (May 29, 2019). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain digital video receivers, broadband 
gateways, and related hardware and software components by reason of 
infringement of certain claims of U.S. Patent Nos. 7,779,445 (``the 
'445 patent''); 7,200,855 (``the '855 patent''); 8,156,528 (``the '528 
patent''); 8,001,564 (``the '564 patent''); 7,301,900 (``the '900 
patent''); and 7,386,871 (``the '871 patent''). The complaint further 
alleged the existence of a domestic industry. The Commission's notice 
of investigation named Comcast as respondents. The Office of Unfair 
Import Investigations (``OUII'') is partially participating in the 
investigation. The '528, '855, and '445 patents remain in the 
investigation and the '564, '900, and '871 patents have been terminated 
from the investigation. Order No. 18 (Sept. 30, 2019), unreviewed by 
Comm'n Notice (Oct. 15, 2019).
    On July 14, 2020, the ALJ issued a written Markman Order. See Order 
No. 41 (Jul. 14, 2020).
    On July 28, 2020, the ALJ issued the final ID finding a violation 
of section 337 as to the '528 and '855 patents based on infringement of 
the asserted claims by Comcast's accused products. Specifically, the ID 
found that: (1) Comcast's accused products infringe claims 13, 27, and 
30 of the '528 patent and claims 60 and 63 of the '855 patent; (2) 
Comcast's accused products do not infringe asserted claim 5 of the '445 
patent; (3) the asserted claims of the '528 and '855 patents are not 
invalid; (4) claims 5 and 15 of the '445 patent are invalid as 
anticipated under 35 U.S.C. 102(g)(2) by Comcast's VOD Vision System; 
and (5) Rovi has satisfied both prongs of the domestic industry 
requirement. The ALJ's recommended determination recommended the 
issuance of a limited exclusion order directed to Comcast's infringing 
products and cease and desist orders directed to Comcast.
    On August 10, 2020, Rovi petitioned, and Comcast petitioned and 
contingently petitioned, for review of the final ID. On August 18, 
2020, Rovi and Comcast each filed a response in opposition to the other 
party's petition for review.
    On October 9, 2020, the Commission determined to review the final 
ID in part. Specifically, the Commission determined to review: (1) 
Order No. 41's and the ID's construction of the claim limitations: 
``same functions,'' ``personal video recorder device,'' ``personal 
video recorder-compliant device,'' ``personal video recorder 
functionality,'' and ``first interactive television program guide . . . 
are implemented'' (``where the first interactive television program 
guide and the second interactive program guide . . . are distinctly 
implemented'') of asserted claims 13, 27, and 30 of the '528 patent; 
(2) the ID's finding that Comcast's Accused Products infringe the 
asserted claims of the '528 patent and that the asserted claims are not 
invalid; (3) the ID's finding that Rovi has satisfied the technical 
prong of the domestic industry requirement with respect to the '528 
patent; (4) the ID's identification of Comcast's products that infringe 
the asserted claims of the '855 patent; (5) the ID's finding that 
Comcast's redesigns for the '855 patent are not sufficiently fixed in 
design to warrant adjudication; (6) the ID's finding that the Accused 
Products are not ``articles that infringe'' claim 5 of the '445 patent; 
(7) the ID's finding that claims 5 and 15 of the '445 patent are 
invalid as anticipated under 35 U.S.C. 102(g)(2) by Comcast's VOD 
Vision System; (8) the ID's finding that Comcast has engaged in sales 
within the United States after importation of accused products in 
accordance with section 337(a)(1)(B); and (9) the ID's finding that 
Rovi satisfied the economic prong of the domestic industry requirement. 
85 FR 66357-58 (Oct. 19, 2020). The Commission determined not to review 
the remainder of the final ID. Id. The Commission also requested the 
parties to respond to certain questions concerning the issues under 
review with respect to Order No. 41 and the final ID, and requested 
written submissions on the issues of remedy, the public interest, and 
bonding from the parties and interested non-parties. Id.
    On October 23 and 30, 2020, Rovi and Comcast each filed a brief and 
a reply brief, respectively, on all issues for which the Commission 
requested written submissions. On the same dates, OUII filed a brief 
and a reply brief on remedy, the public interest, and bonding.
    On November 13, 2020, Rovi and Comcast filed a joint motion, 
including a memorandum in support thereof, to terminate the 
investigation based on a settlement agreement. There is no opposition 
to the motion from any party. Commission Rule 210.21(a)(2) states in 
relevant part that ``[a]ny party may move at any time for an order to 
terminate an investigation in whole or in part as to any or all 
respondents on the basis of a settlement, a licensing or other 
agreement . . . .'' 19 CFR 210.21(a)(2). Commission Rule 210.21(b) 
governs termination by settlement, and subsection (b)(1) provides that 
in order for an investigation to be terminated on the basis of a 
licensing or other settlement agreement, the motion for termination 
must include: (1) Copies of the ``licensing or other settlement 
agreement,'' including both a public and a confidential version if 
necessary; (2) any supplemental agreements; and (3) ``a statement that 
there are no other

[[Page 78363]]

agreements, written or oral, express or implied between the parties 
concerning the subject matter of the investigation.'' 19 CFR 
210.21(b)(1).
    Consistent with Commission Rule 210.21(b)(1), redacted versions of 
a patent license agreement and a settlement agreement between Rovi and 
Comcast were attached to the motion as Exhibits 1 and 2 and the 
unredacted agreements were filed separately under a confidential 
header. The moving parties submit that the agreements resolve the 
allegations of infringement against Comcast in the investigation. 
Motion at 1. In further compliance with Commission Rule 210.21(b)(1), 
the motion contains a statement that there are no other agreements, 
written or oral, express or implied between the parties concerning the 
subject matter of the investigation. Id. at 2. The movants submit that 
termination is in the interest of the public and administrative 
economy. Id. at 3.
    Pursuant to Commission Rule 210.50(b)(2), the Commission finds no 
evidence that terminating this investigation will adversely affect the 
public health and welfare, competitive conditions in the U.S. economy, 
the production of like or directly competitive articles in the United 
States, or U.S. customers. 19 CFR 210.50(b)(2). Moreover, the public 
interest generally favors settlement to avoid needless litigation and 
to conserve public resources. See, e.g., Certain Semiconductor Devices, 
Products Containing the Same, and Components Thereof (II), Inv. No. 
337-TA-1177, Order No. 5 at 2 (Nov. 25, 2019), unreviewed by Comm'n 
Notice (Dec. 20, 2019).
    Accordingly, the Commission finds that the joint motion for 
termination satisfies Commission Rules 210.21(a)(2) and (b)(1) (19 CFR 
210.21(a)(2), (b)(1)) and that termination of the investigation is not 
contrary to the public interest.
    Accordingly, the Commission grants the joint motion to terminate 
the investigation in its entirety based on settlement. The 
investigation is terminated.
    The Commission vote for this determination took place on November 
30, 2020.
    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 30, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26685 Filed 12-3-20; 8:45 am]
BILLING CODE 7020-02-P


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