[kpeters59]

TiVo Claims Appeals Court Win Against Comcast | Next TV

TiVo is touting a U.S. Appeals Court ruling as a win in its ongoing patent battle with Comcast.

The U.S. Court of Appeals for the Federal Circuit affirmed jurisdiction for the International Trade Commission (ITC) to ban Comcast set-tops that it determines have infringed on TiVo patents.

In late 2017, for example, the ITC ruled that a remote recording feature included in Comcast's X1 platform violated patents held by TiVo's Rovi division. Comcast worked around the issue by removing the feature from the X1 platform. And the patent under dispute has since expired.

But TiVo has two more batches for patents, in two other ITC filings, that will soon be ruled on by the ITC.

"The Federal Circuit affirmed the ITC's Final Determination and what we at TiVo have known for years-Comcast infringed Rovi's patents and its business is subject to the ITC's jurisdiction," said Arvin Patel, executive VP and chief intellectual property officer at Rovi Corporation, in a statement.

"This ruling maintains the ITC's import ban against Comcast's set-top boxes and showcases the strength of Rovi's battle-tested patent portfolio," Patel added. "We understand the value of our patented technology and why Comcast has relied on it heavily since launching its X1 platform. But Comcast cannot continue to use Rovi's patented technology without paying for a license. We are hopeful today's announcement will encourage Comcast to put their customers first and license our IP just as the other top 9 U.S. Pay-TV providers do."

Comcast said in a statement the ruling is irrelevant: "The Federal Circuit Court's ruling applies to expired patents that have already been invalidated by the patent office and therefore are irrelevant to what Comcast offers customers today. Rovi is misleading the public by suggesting that there is an import ban on any Comcast X1 set-top boxes--that's just not true."

TiVo has publicly stated that its strategy is a kind of war of attrition. By filing so many lawsuits, I so many places, covering so many patents, it hopes to win enough rulings to disrupt Comcast and bring the cable company to heel.

TiVo has conceded that not having the No. 1 U.S. cable company pay it licensing fees is a profound existential threat to its IP licensing business.

Discuss...

-KP

 

[Mikeguy]

A perhaps better article explaining (at least to a degree) the Federal Circuit's affirmance of the International Trade Commission: TiVo Wins Appeal Over Comcast in First Set-Top Box ITC Case.

Basically, that the ITC (a U.S. gov't agency), which has the authority to ban infringing items from being imported into the U.S., has the authority to ban items where the infringement occurs after the items have entered the U.S.

The patents in the case involve remote access to program guide functions in certain boxes made by Commscope Holding Co.'s Arris International and Technicolor SA for Comcast. The appeal centered on whether the trade agency had the authority to issue an import ban because the patented action takes place after the boxes enter the U.S. market.

The commission was correct to hold that the trade law "applies to articles that infringe after importation," the three-judge panel of the Federal Circuit ruled. Comcast designed the set-top boxes to be used in a way that would infringe the TiVo patents, the court said.

While Comcast suggests that this decision is only historical in nature, TiVo has 2 other ITC proceedings against Comcast pending at present, with decisions slated to be coming shortly--it appears, from the Federal Circuit's written decision and the underlying ITC actions, that the Federal Circuit's decision may affect those proceedings as well. At the very least, having a court decision of this type is a valuable protection for a patent holder, and eliminates a safe-harbor defense that a party like Comcast might like to use.

The Federal Circuit's written decision, should one be so inclined: http://www.cafc.uscourts.gov/sites/...s-orders/18-1450.Opinion.3-2-2020_1543049.pdf.

 

[tommiet]

TiVo Wins Appeal Over Comcast in First Set-Top Box ITC Case

Without this income... Tivo would be doa.

 

[trip1eX]

"The administrative law judge's initial determination for the third ITC case is due by June 29, 2020 and the Commission's final determination is due by October 29th, 2020."


Also "During the quarter we added a multiyear patent license agreement with a significant social media customer. "

"In addition, we made progress in our OTT licensing program last quarter and also entered into a long-term license with a major US-based OTT service this quarter."

- Dave "Tivo for life" Shull

 

[Joe3]

Think bigger, it is this that has made TiVo slow and lazy and a target for corporate raiders like Rovi that are nothing more than money sucking vampires killing real growth and innovation.

 

[foghorn2]

i love ITC videos!

 

[spiderpumpkin]

Also, probably the only reason they are still supporting and selling Tivo DVRs. To show how other DVRs stealing their tech is hurting
their business.

 

[Mikeguy]

Think bigger, it is this that has made TiVo slow and lazy and a target for corporate raiders like Rovi that are nothing more than money sucking vampires killing real growth and innovation.

And yet, in a legal system that says that the unlicensed use of patented technology is the equivalent of the theft of physical property, shouldn't TiVo be pursuing infringers exactly as it has been?

While I understand what you're saying, I don't know that TiVo simply, then, has been sitting back as the lawsuit-resulting, etc. license fees have rolled in. Would matters have been different if TiVo had proceeded otherwise, other than, perhaps, an earlier demise of TiVo?

 

[Joe3]

And yet, in a legal system that says that the unlicensed use of patented technology is the equivalent of the theft of physical property, shouldn't TiVo be pursuing infringers exactly as it has been?

While I understand what you're saying, I don't know that TiVo simply, then, has been sitting back as the lawsuit-resulting, etc. license fees have rolled in. Would matters have been different if TiVo had proceeded otherwise, other than, perhaps, an earlier demise of TiVo?

I point the finger at Rovi's corporate acquisition of TiVo and the consequences of being bought by a bad company that can't walk and chew gum at the same time. The Rovi acquisition of TiVo is to TiVo like the deadly Coronavirus. If TiVo's board held out for an acquisition by a a smarter, less lazy or a "real" tech company, it would have protected both its patented technology as well as grow the company. Instead of all the bull **** of their too little and too late attempts of Rovi to cover their utter ignorance in the field of consumer electronics.

 

[tommiet]

This is the only real source of income for Tivo.....