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UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`
`
`
`In the Matter of
`
`CERTAIN DIGITAL VIDEO
`RECEIVERS, BROADBAND
`GATEWAYS, AND RELATED
`HARDWARE AND SOFTWARE
`COMPONENTS
`
`
`
`ORDER NO. 35:
`
`
`
`
`
`
`
`
`Investigation No. 337-TA-1158
`
`
`
`INITIAL DETERMINATION GRANTING
`COMPLAINANTS' THIRD UNOPPOSED
`MOTION FOR PARTIAL TERMINATION OF
`THE INVESTIGATION WITHOUT
`PREJUDICE [MOTION DOCKET NO. 1158-033]
`
`
`
`(March 20, 2020)
`
`
`Pursuant to Commission Rule 210.21(a), on January 24, 2020, Complainants Rovi
`
`Corporation and Rovi Guides, Inc. (“Rovi”) filed a third unopposed motion for partial
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`termination of certain claims from this Investigation (“Motion”).1 (Motion Docket No. 1158-033
`
`(Jan. 24, 2020); Mot. at 1.). Specifically, Rovi has withdrawn: (1) claims 9 and 23 of U.S.
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`Patent No. 7,779,445 (“the ʼ445 patent”); and (2) claims 14 and 29 of U.S. Patent No. 7,200,855
`
`
`1 Rovi certified that it “raised the instant Motion with counsel for” Respondents Comcast Corporation,
`Comcast Cable Communications, LLC, Comcast Cable Communications Management, LLC, and
`Comcast Holdings Corporation (collectively, “Comcast” or “Respondents,” and with Rovi, the “Private
`Parties”) and Commission Investigative Staff (“Staff,” and with the Private Parties, the “Parties”) at least
`two (2) business days before filing the Motion. (Mot. at 4.). “Respondents indicated that they would not
`oppose this Motion. Staff indicated that, given Staff’s limited participation in this investigation, Staff
`takes no position on Rovi’s motion.” (Id.).
`
`
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`Page 1 of 3
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`1
`
`Comcast, Ex. 1225
`
`

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`(“the ’855 patent”). (Id.). Asserted patent claims that remain in the Investigation are shown
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`below in Table 1.
`
`Table 1: Rovi’s Chart Showing Remaining Asserted Patents/Claims
`
`
`
`(Id. at 2.).
`Commission Rules permit a motion to terminate part of an investigation based upon
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`withdrawal of certain allegations contained within the Complaint, before issuance of the Initial
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`Determination on Violation of Section 337. 19 C.F.R. § 210.21(a)(1). An administrative law
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`judge may grant said motion upon such terms and conditions as she deems proper. Id. The
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`Commission has held that “in the absence of extraordinary circumstances, termination of an
`
`investigation will be readily granted to a complainant during the prehearing stage of an
`
`investigation.” Certain Ultrafiltration Membrane Sys., and Components Thereof, Including
`
`Ultrafiltration Membranes, Inv. No. 337-TA-107, Comm’n Action and Order at 2 (U.S.I.T.C.
`
`Mar. 11, 1982); see also Certain Television Sets, Television Receivers, Television Tuners, and
`
`Components Thereof, Inv. No. 337-TA-910, Order No. 50 at 2 (U.S.I.T.C. Nov. 12, 2014).
`
`Public policy supports termination in order to conserve public and private resources. Certain
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`Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and
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`Components Thereof, Inv. No. 337-TA-788, Order No. 16 at 2 (U.S.I.T.C. Mar. 21, 2012).
`
`Here, the Parties have not presented any extraordinary circumstances that would justify
`
`Page 2 of 3
`
`2
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`

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`denying Rovi’s Motion seeking to terminate patent claims asserted in the Complaint from this
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`Investigation. Rovi states in accordance with 19 C.F.R. § 210.21(a)(1) that “there are no
`
`agreements, written or oral, express or implied between the parties concerning the subject matter
`
`of this Investigation.” (Mot. at 3.).
`
`Therefore, it is my Initial Determination that the Investigation be partially terminated
`
`with respect to: (1) claims 9 and 23 of the ʼ445 patent; and (2) claims 14 and 29 of the ’855
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`patent; and that Motion Docket No. 1158-033 be granted.
`
`This Initial Determination is hereby certified to the Commission. Pursuant to 19 C.F.R.
`
`§ 210.42(h), this Initial Determination shall become the determination of the Commission unless
`
`a party files a petition for review of the Initial Determination pursuant to 19 C.F.R. § 210.43(a),
`
`or the Commission orders on its own motion a review of the Initial Determination or certain
`
`issues herein pursuant to 19 C.F.R. § 210.44.
`
`
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`
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`SO ORDERED.
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`Page 3 of 3
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`3
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`

`

`CERTAIN DIGITAL VIDEO RECEIVERS, BROADBAND
`GATEWAYS, AND RELATED HARDWARE AND
`SOFTWARE COMPONENTS
`
`
`Inv. No. 337-TA-1158
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached INITIAL DETERMINATION has
`been served via EDIS upon the Commission Investigative Attorney, Cortney Hoecherl, Esq.,
`and the following parties as indicated, on 3/20/2020
`
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`On Behalf of Complainants Rovi Corporation and Rovi
`Guides, Inc.:
`
`Douglas A. Cawley, Esq.
`MCKOOL SMITH, P.C.
`300 Crescent Court, Suite 1500
`Dallas, TX 75201
`Email: dcawley@mckoolsmith.com
`
`On Behalf of Respondents Comcast Corporation, Comcast
`Cable Communications, LLC, Comcast Cable
`Communications Management, LLC, and Comcast Holdings
`Corporation:
`
`Bert C. Reiser, Esq.
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W.
`Suite 1000
`Washington, DC 20004
`Email: bert.reiser@lw.com
`
`
`
`
`
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`
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`
`
`
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`4
`
`

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