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ITC Institutes Patent Investigation of Digital Set-Top Boxes Brought by Verizon Against Cablevision

The International Trade Commission has instituted a section 337 patent-based investigation of certain digital set-top boxes, pursuant to a complaint (Inv. No. 337-TA-712).

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(The products at issue in this investigation are used in the distribution of digital video and broadband services to users, as well as giving users the ability to engage in interactive services.)

Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Verizon Communications Inc. of New York, NY, and Verizon Services Corp. of Arlington, VA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain digital set-top boxes that infringe patents asserted by Verizon.

The complainants request that the ITC issue an exclusion order and a cease and desist order.

Cablevision Alleged to Be in Violation of Section 337

The ITC has identified Cablevision Systems Corp., of Bethpage, NY as alleged to be in violation of section 337 in this investigation.

ALJ to Determine if Violation Occurred

By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.

(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)

ITC press release (No. 10-034, dated 04/15/10) available at http://www.usitc.gov/press_room/news_release/2010/er0415hh1.htm