Notice2022-11547
Certain Digital Set-Top Boxes and Systems and Services Including the Same; Institution of Investigation
Primary source
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Published
May 31, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 22, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Broadband iTV, Inc., of Austin, Texas. Supplements to the complaint were filed on April 27, 2022, May 3, 2022, May 10, 2022, and May 12, 2022. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain set-top boxes and systems and services including the same by reason of infringement of certain claims of U.S. Patent No. 9,866,909 ("the '909 patent"); U.S. Patent No. 10,555,014 ("the '014 patent"); U.S. Patent No. 9,936,240 ("the '240 patent"); and U.S. Patent No. 11,277,669 ("the '669 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Page 32459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11547]
[[Page 32459]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1315]
Certain Digital Set-Top Boxes and Systems and Services Including
the Same; Institution of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 22, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Broadband iTV,
Inc., of Austin, Texas. Supplements to the complaint were filed on
April 27, 2022, May 3, 2022, May 10, 2022, and May 12, 2022. The
complaint alleges violations of section 337 based upon the importation
into the United States, the sale for importation, and the sale within
the United States after importation of certain set-top boxes and
systems and services including the same by reason of infringement of
certain claims of U.S. Patent No. 9,866,909 (``the '909 patent''); U.S.
Patent No. 10,555,014 (``the '014 patent''); U.S. Patent No. 9,936,240
(``the '240 patent''); and U.S. Patent No. 11,277,669 (``the '669
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute. The
complainant requests that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and cease
and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#8cc9c8c5dfbfc4e9e0fcccf9ffe5f8efa2ebe3fa"><span class="__cf_email__" data-cfemail="50151419036318353c201025233924337e373f26">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2021).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 24, 2022, ORDERED THAT--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-4 and 10-16 of the '909 patent; claims 1, 3-5, 7, 9, 10, and
12 of the '014 patent; claims 1-9 and 12-15 of the '240 patent; and
claims 1-3 and 5-16 of the '669 patent, whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``(i) imported set-top
boxes, including streaming devices, for receiving television services
and (ii) services and systems that incorporate the imported set-top
boxes, and components of such systems, including servers, mobile
streaming apps, content delivery networks, and ingestion tools;''
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Broadband iTV, Inc., 900 South Capital of
Texas Highway, Building IV, Suite 480, Austin, TX 78746.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Comcast Corporation, One Comcast Center, 1701 John F. Kennedy Blvd.,
Philadelphia, PA 19103.
Comcast Cable Communications, LLC, One Comcast Center, 1701 John F.
Kennedy Blvd., Philadelphia, PA 19103.
NBCUniversal Media, LLC, 100 Universal City Plaza, Universal City, CA
91608.
Charter Communications, Inc., 400 Washington Blvd., Stamford, CT 06902.
Charter Communications Operating, LLC, 12405 Powerscourt Dr., St.
Louis, MO 63131.
Charter Communications Holding, Company, LLC, 12405 Powerscourt Dr.,
St. Louis, MO 63131.
Spectrum Management Holding, Company, LLC, 12405 Powerscourt Dr., St.
Louis, Missouri 63131.
Altice USA, Inc., One Court Square West, Long Island City, NY 11101.
CSC Holdings, LLC, One Court Square, Long Island City, NY 11101.
Cablevision Systems Corp., 1111 Stewart Ave, Bethpage, New York 11714.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party to this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: May 24, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11547 Filed 5-27-22; 8:45 am]
BILLING CODE 7020-02-P
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