The Federal Circuit recently affirmed the International Trade Commission’s (“ITC” or “Commission”) Opinion in Certain Digital Video Receivers and Hardware and Software Components Thereof, holding that the ITC’s authority to exclude products from the United States is not limited to “articles that infringe” at the time of importation, but can include articles that infringe after importation. This decision is currently the subject of a petition for writ of certiorari to the Supreme Court. While the merits of the decision have been debated, a reversal could provide unscrupulous parties with a way to avoid liability under Section 337, namely, by modifying foreign-manufactured products to infringe after importation.
Rovi Corporation and Rovi Guides, Inc. (collectively “Rovi”) filed a complaint against sixteen respondents (“Respondents”) on April 6, 2016 alleging infringement of one or more claims of U.S. Patent Nos. 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; and 8,566,871 (the “asserted patents”). Rovi asserted that Respondent Comcast induces its customers to infringe the asserted patents when the customers use the accused Comcast television set-top boxes (“STBs”) in accordance with instructions provided by Comcast. Rovi also asserted that Respondents ARRIS and Technicolor manufacture and import the accused STBs for Comcast. As a remedy for violating Section 337, Rovi requested a Limited Exclusion Order (“LEO”) and Cease and Desist Order (“CDO”) against all Respondents. Continue Reading