Verizon Files New 337 Complaint Regarding Certain Digital Set-Top Boxes
On March 16, 2010, Verizon Communications Inc. of New York, New York and Verizon Services Corp. of Arlington, Virginia (collectively, “Verizon”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Cablevision Systems Corp. of Bethpage, New York (“Cablevision”) unlawfully imports into the United States, sells for importation, and/or sells or leases within the United States after importation digital set-top boxes (“STBs”) that infringe certain claims of U.S. Patent Nos. 5,666,293 (the ‘293 patent), 5,635,979 (the ‘979 patent), 6,381,748 (the ‘748 patent), 6,367,078 (the ‘078 patent), and 7,561,214 (the ‘214 patent) (collectively, the “Asserted Patents”).
According to the complaint, (1) the ‘293 patent “describes an STB that downloads operating system software and application software through a digital broadband channel,” (2) the ‘979 patent “describes a dynamically programmable STB that can be updated with software to support additional functionality,” (3) the ‘748 patent “describes an STB that can be used to access content on the Internet,” (4) the ‘078 patent “describes an STB with user-interface software that allows users to navigate available content by category, as well as by channel,” and (5) the ‘214 patent “describes an STB with user-interface software that allows users to navigate available programs by channel, and through the selection of an ‘anchor’ channel, by category.”
The accused products identified in the complaint include STBs and software intended for use on or with the STBs. The specific products named in the complaint include the Scientific Atlanta Explorer 4250HD, the Scientific Atlanta Explorer 8300HD, and the Scientific Atlanta Explorer 4200HD.
Verizon asserts that it satisfies the domestic industry (economic prong) requirement through its significant investments in plant and equipment, employment of labor and capital, and engineering, research and development activities related to products and services that embody the Asserted Patents. With respect to the domestic industry (technical prong) requirement, Verizon identified its FiOS TV services and the STBs it purchases through third-party vendors (including the Motorola 7216, Motorola 6416, Motorola 7100, Motorola 6200, Motorola 2708, and Motorola 2500 products).
As to potential remedy, Verizon requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed to Cablevision.
