In a recent Initial Determination ("ID"), ALJ McNamara
indicated that the inclusion of a certification provision in the
Limited Exclusion Order ("LEO") was warranted to allow
the respondent to import non-infringing redesigns. In re
Certain Digital Video Receivers and Related Hardware and Software
Components, Inv. No. 337-TA-1103 (Jun. 4, 2019) ("Initial
Determination"). We previously wrote about this investigation
(
here).
In this investigation, ALJ McNamara determined that Comcast
Corp. ("Comcast") violated Section 337(b) by improperly
importing for sale and selling products. Complainant, Rovi Corp.
("Rovi") asked the ITC to issue a broad LEO with no
certification provision to bar importation of all accused products
that were found to infringe the asserted patents. Comcast, by
contrast, requested a narrower LEO that would include (among other
things) a carve-out allowing importation of redesigned set-top
boxes which did not infringe the asserted patents.
