ITC Institutes Patent Investigation of TV Program Guides/Parental Controls Against Toshiba
The International Trade Commission has instituted a section 337 patent-based investigation of certain products containing interactive program guide and parental controls technology pursuant to a complaint.
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(The products at issue in this investigation are electronic devices such as televisions and digital video recorders that incorporate interactive program guides and technology for implementing parental controls.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Rovi Corporation, Rovi Guides, Inc. (f/k/a Gemstar-TV Guide International Inc.), and United Video Properties, Inc., all of Santa Clara, CA; and Index Systems, Inc., of British Virgin Islands, BV, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain products containing interactive program guide and parental controls technology that infringe patents asserted by the complainants.
The complainants request that the ITC issue exclusion orders and a cease and desist order.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- Toshiba Corp. of Japan;
- Toshiba America, Inc., of New York, NY;
- Toshiba America Consumer Products, L.L.C., of Wayne, NJ; and
- Toshiba America Information Systems, Inc., of Irvine, CA
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
(Press release dated 11/18/10, Inv. No. 337-TA-747)