By Eric Schweibenz
On June 7, 2013, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Products Containing Interactive Program Guide and Parental Control Technology (Inv. No. 337-TA-845).

By way of background, the investigation is based on a May 1, 2012 complaint filed by Rovi Corporation; Rovi Guides, Inc.; Rovi Technologies Corporation; Starsight Telecast, Inc.; United Video Properties, Inc.; and Index Systems, Inc. (collectively, “Rovi”) alleging violation of Section 337 by, inter alia, Respondents Netflix, Inc. (“Netflix”) and Roku, Inc. (“Roku”) in the importation into the U.S. and sale of certain products containing interactive program guide and parental control technology that infringe one or more claims of U.S. Patent Nos. 6,701,523; 6,898,762 (the ‘762 patent); 7,065,709 (the ‘709 patent); 7,103,906 (the ‘906 patent); 7,225,455; 7,493,643; and 8,112,776 (the ‘776 patent).  See our May 3, 2012 post for more details.

According to the notice, ALJ Shaw held no violation of Section 337 has occurred in this investigation by Netflix and Roku.  Specifically, ALJ Shaw determined that Netflix’s accused products do not infringe certain claims of the ‘709, ‘762, ‘776, and ‘906 patents.  Similarly, ALJ Shaw found that Roku’s accused products do not infringe certain claims of the ‘762 patent.  ALJ Shaw also determined that certain claims of the ‘776 patent are invalid as anticipated and obvious.  

In addition, ALJ Shaw determined that Rovi satisfied the domestic industry requirement with respect to all asserted patents.

Lastly, the notice issued by ALJ Shaw released only limited information.  We will provide additional information once the public version of the ID issues in its entirety.