By John Presper

On January 31, 2022, the ITC issued a Notice of Investigation in Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same II (Inv. No. 337-TA-1297).

By way of background, this investigation is based on a December 28, 2021 amended complaint filed by DivX, LLC of San Diego, California (“DivX”) alleging violations of section 337 by Respondents TCL Technology Group Corporation of China; TCL Electronics Holdings Limited of China; TTE Technology, Inc. of Corona, California; Shenzhen TCL New Technologies Co. Ltd. of China; TCL King Electrical Appliances (Huizhou) of China; TCL MOKA International Limited of Hong Kong; and TCL Smart Device (Vietnam) Co., Ltd. of Vietnam (collectively, “Respondents”) in the unlawful importation/sale of certain video processing devices, components thereof, and digital smart televisions containing the same by reason of infringement of one or more claims of U.S. Patent No. 8,832,297 (“the ’297 patent”) and U.S. Patent No. 8,472,792 (“the ’792 patent”).

According to the complaint, the ’297 patent relates to a technique for adaptive bitrate streaming of multimedia files to consumer electronics devices over the internet so that videos play without stalling or glitching, and the ’792 patent relates to methods of generating, distributing, and using the multimedia files that reduce delays when first starting a video and enable fast-forward and rewind functions.  The accused products are smart TVs and video processing devices and components used in those smart TVs.  DivX is requesting that the Commission issue limited exclusion orders and permanent cease-and-desist orders directed to Respondents.  According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation.  Lastly, Acting Chief ALJ Clark S. Cheney issued a notice indicating that he will preside in the investigation.