News & Analysis as of

Comcast Patent Infringement

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Comcast Corp. v. Int’l Trade Comm’n, 951 F.3d 1301...

The International Trade Commission found a violation of Section 337 by Comcast X1 set-top boxes, and Comcast appealed two issues of statutory interpretation underlying the Commission’s finding. First, Comcast argued that its...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

McGuireWoods LLP

U.S. Supreme Court Denies Cert in Rovi-Comcast ITC Dispute

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The U.S. Supreme Court has denied Comcast’s petition for certiorari arising from one of the disputes at the International Trade Commission (ITC) between Rovi and Comcast regarding alleged patent infringement....more

McDermott Will & Emery

Knowledge and Control of Importation Can Lead to § 337 Violation

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The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision that a respondent qualified as an importer under § 337 despite not being the actual importer of record, based on the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2020

PATENT CASE OF THE WEEK - GS CleanTech Corp. v. Adkins Energy LLC, Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020) - In this week’s Case of the Week, the Federal Circuit affirmed a district court’s...more

Knobbe Martens

The ITC Can Exclude Products That Do Not Infringe At The Time of Importation | Firm Alert

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On March 2, 2020, the Federal Circuit issued Comcast v. ITC and held that the International Trade Commission (ITC) can block the importation of products that do not infringe a U.S. patent at the time of importation. The case...more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Lifts Stay on 1 of 5 IPR’ed Patents

On April 5, 2018, Judge Oetken (S.D.N.Y.) granted Plaintiff Rovi Guides Inc.’s (“Rovi”) motion to lift a stay related to U.S. Patent No. 8,122,034 (“the ’034 patent”), only one of five patents at issue in a case that was...more

Shook, Hardy & Bacon L.L.P.

Loved By Many, Cloud-Based Remote DVR Programming Functionality Falls Victim As Rovi Files Second Patent Infringement Strike...

In another example of cloud-based technologies and services falling victim to increased patent litigation surrounding the cloud space, Rovi Guides, Inc. (a TiVo subsidiary) filed another patent campaign against its...more

Jones Day

Inducement After Importation Actionable Under Section 337

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Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

McDonnell Boehnen Hulbert & Berghoff LLP

Two-Way Media Ltd. v. Comcast Cable Communications, LLC (Fed. Cir. 2017)

Two-Way Media brought an action against Comcast in the District of Delaware, claiming infringement of U.S. Patent Nos. 5,778,187, 5,983,005, 6,434,622, and 7,266,686. The District Court dismissed the case on the pleadings,...more

Patterson Belknap Webb & Tyler LLP

4 Out of 5 IPRs Ain’t Bad: Judge Oetken Grants Motion to Stay Pending Resolution of IPR Proceedings Despite Advanced Stage of...

On October 27, 2016, District Judge J. Paul Oetken (S.D.N.Y.) granted defendant Comcast Corp.'s ("Comcast") motion to stay the case pending resolution of inter partes review ("IPR") proceedings instituted by the Patent Trial...more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Construes Twenty-Nine Claim Terms in “Relatively Large” Markman Opinion

On August 10, 2017, District Judge Paul Oetken (S.D.N.Y.) construed 29 claim terms in a dispute between Defendant Comcast Corporation, et al. (“Comcast”) and Plaintiff Rovi Guides, Inc. and its subsidiaries (“Rovi”). The...more

Akin Gump Strauss Hauer & Feld LLP

Comcast Prevails in Part on Striking OpenTV Infringement Contentions

On June 19, 2017, Northern District of California Judge William Alsup granted-in-part and denied-in-part plaintiff Comcast Cable Communications, LLC’s (“Comcast”) motion to strike defendants OpenTV, Inc. and Nagravision SA’s...more

Patterson Belknap Webb & Tyler LLP

Forum Selection Clause Not Triggered Based on Statements Made in Another Forum

On May 15, 2017, District Judge Paul Oetken (S.D.N.Y.) denied the motion of Comcast Corporation, et al. (“Comcast”) for reconsideration of the Court’s prior Order dated December 14, 2016. The Court had earlier denied...more

Jones Day

Renting is Not a Sale After Importation

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On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Holds That Forum-Selection Clause in License Agreement Does Not Trump First-to-File Rule Altogether

On September 16, 2016, District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Comcast Corp.’s (“Comcast”) motion for a preliminary injunction seeking to enjoin defendant Rovi Corp. (“Rovi”) from continuing to litigate its...more

Morris James LLP

JMOL Is Granted In Telecommunications Case

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Sprint Communications Company L.P. v. Comcast IP Holdings, LLC, et al., C.A. No. 12-1013 - RGA, August 7, 2015 - Andrews, J. Defendants’ motion for JMOL is granted and in the alternative their motion for a new trial is...more

Morris James LLP

Post-Trial Relief Is Denied Except For The Calculation Of Pre-Judgment Interest

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The disputed technology relates to using internet technology to route calls through a network. A 6-day jury trial took place in October 2014 resulting in a jury verdict for plaintiff. The court finds there was sufficient...more

Womble Bond Dickinson

NPE Tough Talk Promising Litigation Against Comcast Becomes Self-fulfilling Prophecy

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Comcast Cable Communications, LLC (“Comcast”) initiated a declaratory judgment action relating to the following three patents owned by Eclipse IP LLC (“Eclipse”)...more

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