By Eric Schweibenz
On May 20, 2011, ALJ E. James Gildea issued a notice regarding the Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond (“ID”) in Certain Digital Set-Top Boxes and Components Thereof (Inv. No. 337-TA-712).

By way of background, the Complainants in this investigation are Verizon Communications Inc. and Verizon Services Corp.  The Respondent is Cablevision Systems Corp. (“Cablevision”).

According to the notice, ALJ Gildea determined that a violation of Section 337 had occurred by Cablevision in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain digital set-top boxes and components thereof by reason of infringement of claim 13 of U.S. Patent No. 6,381,748 (the ‘748 patent).  ALJ Gildea further determined that no violation of Section 337 had occurred by Cablevision in connection with U.S. Patent Nos. 5,666,293 (the ‘293 patent), 5,635,979 (the ‘979 patent), 6,367,078 (the ‘078 patent), and 7,561,214 (the ‘214 patent).

ALJ Gildea also determined that a domestic industry exists that practices the ‘748 patent, but not the ‘293 patent, the ‘979 patent, the ‘078 patent, and the ‘214 patent.

The notice issued by ALJ Gildea released only the first four pages of the ID.  We will provide additional information after the public version of the ID issues in its entirety.