In the complaint, TiVo (which merged with Rovi) accused Comcast of infringing US patent numbers 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; 8,566,871; and 6,418,556. However, the company withdrew allegations on certain patent claims before the hearing.
Complaining further, TiVo said that Comcast had built its interactive cable business “on the back of Rovi’s technology” that Comcast had licensed for a fixed term.
“Comcast refuses to renew its license on acceptable terms and continues to make, use, sell/lease and offer to sell/lease products that not only practice Rovi’s patented innovations, but also compete with Rovi’s own interactive program guide products,” the complaint said.
In May 2016, USITC set up its investigation and after one year, the Administrative Law Judge (ALJ) issued the final initial determination, finding a violation of section 337 of the Tariff Act of 1930, in connection with the asserted claims of the ‘263 and ‘413 patents.
The import ban relates to Comcast’s X1 set-top boxes, but not the Legacy range of products, as the ITC said that it was “too hypothetical” to determine whether these alternative designs infringe the patents.