`Washington, D.C.
`
`In the Matter of
`
`CERTAIN DIGITAL VIDEO
`RECEIVERS AND RELATED
`HARDWARE AND SOFTWARE
`COMPONENTS
`
`Investigation No. 337-TA-1103
`
`NOTICE OF COMMISSION DECISION
`EXTENDING THE TARGET DATE FOR COMPLETION OF THE INVESTIGATION
`
`AGENCY:
`
`U.S. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`detennined to extend the target date for completion of the investigation from October 4, 2019, to
`December 16, 2019.
`
`FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436,
`telephone (202) 708-2532. Copies of non-confidential documents filed in comection with this
`investigation are or will be available for inspection during official business hours (8:45 a.m. to
`5:15 pm.) in the Office of the Secretary, U.S. International Trade Cormnission, 500 E Street
`SW., Washington, DC 20436, telephone (202) 205-2000. General information conceming the
`Commission may also be obtained by accessing its Internet server (hllgs://www.usitc.gov). The
`public record for this investigation may be viewed on the C0mmission’s Electronic Docket
`Information System (“EDIS”) (httQs.'//edisusitc.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 March 16, 2018, the Commission instituted this
`investigation based on a supplemented complaint filed on behalf of Rovi Corporation of San
`Jose, California; Rovi Guides, Inc. of San Jose, California; and Veveo, Inc. of Andover,
`Massachusetts (collectively, “Rovi”); as well as Rovi Technologies Corporation of San Jose, CA.
`The supplemented complaint alleges violations of section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. 1337 (“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 digital
`video receivers and related hardware and software components by reason of infringement of one
`or more claims of the ’0l1 patent; and one or more claims of U.S. Patent Nos. 7,937,394 (“the
`’394 patent”); 7,827,585 (“the ’585 patent”); 9,294,799 (“the ’799 patent”); 9,396,741 (“the ’741
`
`
`
`patent”); 9,578,363 (“the ’363 patent”); 9,621,956 (“the ’956 patent”); and 9,668,014 (“the ’014
`patent”). 83 FR 11792 (Mar. 16, 2018). The C0mmission’s notice of investigation named as
`respondents Comcast Corporation of Philadelphia, Pennsylvania; Comcast Cable
`Communications, LLC of Philadelphia, Pennsylvania; Comcast Cable Communications
`Management, LLC of Philadelphia, Pennsylvania; Comcast Business Communications, LLC of
`Philadelphia, Pennsylvania; Comcast Holdings Corporation of Philadelphia, Pennsylvania; and
`Comcast Shared Services, LLC of Chicago, Illinois (collectively, “Comcast”). Id. The Office of
`Unfair Import Investigations was also named as a party in this investigation. Id.
`
`The Commission previously terminated the investigation as to complainant Rovi
`Technologies Corporation; as to the ’956, ’394, ’014, ’799, and ’363 patents in their entirety; and
`as to certain claims of the ’011, ’585, and ’74l patents. Order No. 12, unreviewed, Notice (July
`24, 2018); Order No. 33, unreviewed, Notice (Sept. 19, 2018); Order 39, unreviewed, Notice
`(Oct. 25, 2018).
`
`On June 3, 2019, the ALJ issued Order No. 47, a summary determination (“SD”) that,
`inter alia, granted R0vi’s motions for summary determination as to importation and sale after
`importation. On June 11, 2019, Comcast filed a petition for review of the SD. On June 25,
`2019, Rovi and the Commission investigative attorney (“IA”) responded to Rovi’s petition.
`
`On June 4, 2019, the ALJ issued the final initial determination (“final ID”), finding a
`violation of section 337 as to the ’011 patent. On June 17, 2019, Comcast and Rovi each filed a
`petition for review of the final ID. On June 25, 2019, Comcast, Rovi, and the IA filed responses
`to the petitions for review.
`
`On August 15, 2019, the Commission determined to review in part the SD and the final
`ID. On August 29, 2019, the parties filed responses to the Commission notice, and on September
`10, 2019, Comcast and Rovi filed replies. The investigation is under Commission consideration.
`
`The Commission has determined to extend the target date for completion of the
`investigation to December 16, 2019.
`
`The authority for the Commissi0n’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: October 4, 2019
`
`!§%a@
`
`i
`
`Lisa R. Barton
`Secretary to the Commission
`
`2
`
`
`
`CERTAIN DIGITALAVIDEO RECEIVERS AND RELATED
`HARDWARE AND SOFTWARE COMPONENTS
`
`Inv. No. 337-TA-1103
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, John Shin, Esq. and the following parties as
`indicated, on October 4, 2019.
`
`Lisa R. Barton,‘Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Rovi Corporation. Rovi Guides,
`|
`Inc. and Veveo Inc
`
`Douglas A. Cawley, Esq.
`MCKOOL SMITH P.C.
`300 Crescent Court, Suite 1500
`Dallas, TX 75201
`
`III Via Hand Delivery
`El Via Express Delivery
`@ Via First Class Mail
`D Other:
`
`On Behalf of Respondents Comcast Corporation. Comcast
`Cable Communications. LLC. Comcast Cable
`Communications Management, LLC. Comcast Business
`Communications. LLC. Comcast Holdings Corporation. and I
`Comcast Shared Services. LLC:
`
`Bert C. Reiser, Esq.
`LATHAM & WATKINS, LLP
`555 Eleventh Street, NW, Suite 100
`Washington, DC 20004
`
`El Via Hand Delivery
`Cl Via Express Delivery
`Via First Class Mail
`C] Other:
`
`



