By John Presper
On January 29, 2013, the International Trade Commission (the “Commission”) issued a notice and remand order in Certain Products Containing Interactive Program Guide and Parental Guide and Parental Control Technology (Inv. No. 337-TA-820).  In the notice, the Commission determined to review Chief ALJ Charles E. Bullock’s January 8, 2013 Initial Determination (“ID”) granting a joint motion for termination of the investigation based on a settlement agreement.  The Commission also issued an order remanding the investigation back to ALJ Bullock.

By way of background, ALJ Bullock granted a joint motion filed by Complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., Gemstar Development Corporation, and Index Systems, Inc. (collectively, “Rovi”) and Respondent Vizio, Inc. (“Vizio”) to terminate the investigation based on a settlement agreement.  See our January 9, 2013 post for more details.

According to the notice, the Commission determined that “the public version of the settlement agreement does not comply with Commission Rule 210.21(b)(1) because the redactions are not restricted to the types of confidential business information set forth in Commission Rule 201.6.”

As stated in the remand order, ALJ Bullock is to “require Rovi and Vizio to file a renewed motion to terminate the investigation along with public and confidential versions of the settlement agreement that comply with Commission Rules 210.21 (b)(1) and 201.6.”

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