The International Trade Commission voted to initiate a Tariff Act Section 337 investigation into Broadband iTV allegations that cable set-top boxes from Comcast, Charter and Altice infringe four patents on VOD and electronic program guides (see 2204280027), says a notice for Tuesday’s Federal Register. The complaint seeks cease and desist and limited exclusion orders.

Complainant Broadband iTV opposes the cable companies’ request for the International Trade Commission to launch a Tariff Act Section 337 patent investigation through the commission’s 100-day early disposition program because that would “prejudice” BBiTV's case, said its response posted Tuesday in docket 337-3616. Altice, Comcast and Charter told the ITC they seek rapid adjudication to determine if BBiTV satisfies the domestic industry requirement of its patent infringement complaint, noting BBiTV bases its entire domestic-industry claims on investments that licensee Dish Network made over a three-week period in December (see 2205100031). That a domestic industry exists “cannot be seriously contested,” responded BBiTV. Dish’s “domestic expenditures” to provide its pay TV service “are made almost entirely to support the products that form the basis of a domestic industry in this investigation,” it said. “Both the facts and the law weigh against the use of the early disposition program for this investigation,” it said. BBiTV alleges set-tops from Altice, Comcast and Charter infringe four patents on VOD and electronic program guide technologies, and it seeks cease and desist and limited exclusion orders against the infringing devices.

If the International Trade Commission opens a Tariff Act Section 337 investigation into Broadband iTV (BBiTV) allegations against Altice, Comcast and Charter, the cable companies want the ITC to use its 100-day early disposition program to determine if BBiTV satisfies the domestic industry requirement of its patent infringement complaint, they said in a filing posted Monday in docket 337-3616. BBiTV alleges set-tops from the three companies infringe four patents on VOD and electronic program guide technologies, and seeks cease and desist and limited exclusion orders against the infringing devices (see 2204280027). An ITC Section 337 complainant must show that a domestic industry exists for its asserted patents or is in the process of being established. “BBiTV does not contribute to any domestic industry in the asserted patents,” but instead relies entirely on investments made by third-party licensee Dish Network, and only between Dec. 10 and Dec. 31, “to support its allegations of a domestic industry,” said the cable companies. ITC case law shows “abbreviated” license periods call into doubt the “sufficiency” of domestic law allegations, they said. BBiTV is “a non-practicing entity that does not make any products on its own,” but rather sues other companies “to extract settlement licenses,” they said. Dish “only recently executed its license to the asserted patents to resolve litigation brought against it by BBiTV,” they said. BBiTV didn’t comment Tuesday, nor did Dish, which isn't a party to BBiTV’s complaint.

U.S. District Judge Michael Shipp in Trenton, New Jersey, again shot down RCN counterclaims against music label plaintiffs and Rightscorp in the labels' copyright infringement suit against the cable ISP, per a docket 3:19-cv-17272 opinion Friday. RCN argued Rightscorp's infringement notification system violates California unfair competition law and said the labels are complicit. Shipp said the harms RCN alleges it suffered, such as additional work hours, weren't sufficient to give it statutory standing under the California law. He also dismissed without prejudice similar counterclaims in 2021 for lack of standing.

The Patent and Trademark Office will discontinue issuing paper trademark registration certificates, making them digital-only beginning June 7, says a notice for Monday’s Federal Register. Public comments the agency received “indicated a strong preference” for issuing the certificates in a “digital format,” it said. Certificates issued digitally will bear the "electronic signature" of the PTO director, plus a digital seal, "which will authenticate the registration," it said. The change will make the certificates “more accessible for trademark owners” and reduce the time it takes to receive them in the mail, it said. It also will promote PTO’s efforts “to positively impact the environment by reducing the use of paper,” it said. Trademark owners who file their initial applications before June 7 will qualify to order one “presentation copy” of their certificates for free once their registrations are approved; others will pay $25 a copy. They’re single-page condensed versions of issued registration certificates, suitable for framing, printed on heavy paper with a gold foil seal, it said.

Comments are due May 9 in docket 337-3616 at the International Trade Commission on the public interest ramifications of the cease and desist and limited exclusion orders that Broadband iTV (BBiTV) seeks in an April 22 complaint on set-top boxes from Comcast, Charter and Altice for allegedly infringing four patents on VOD and electronic program guide technologies, says a notice for Friday’s Federal Register. “The accused products relate to consumer entertainment and do not implicate public health, safety, or welfare concerns,” said the complaint. Consumers would “continue to have access to like or directly competitive products and services,” including those from BBiTV licensee Dish Network, so an import ban “will not harm the public interest,” it said. Comcast, Charter and Altice didn’t comment.

THX said Thursday it’s licensing 3D audio and personalization technologies from VisiSonics for use in THX Spatial Audio tools for game developers and music creators. The technology is expected to be part of upcoming THX hearables offerings, it said. THX Spatial Audio will bring an “immersive edge” to creators to deliver personalized experiences to audiences, said CEO Jason Fiber. The agreement includes personal head-related transfer function tools for headset designers, plus tools for developing immersive audiogram products in the hearables field, they said.

The Copyright Office is requesting information on developing standard technical measures (STM) for the “protection of copyrighted works, as defined in section 512 of Title 17,” the CO announced Wednesday. Senate Intellectual Property Subcommittee Chairman Patrick Leahy, D-Vt., and ranking member Thom Tillis, R-N.C., asked the CO to explore the issue. They introduced legislation in March that would authorize the Library of Congress to designate mandatory technical measures for online platforms to combat piracy (see 2203180069). The CO held stakeholder discussions in 2020 on the legality of STMs. Comments are due May 27. The office is conducting a separate but related examination of voluntary technical measures.

Cox Communications is appealing a U.S. District Court in Alexandria order last month denying two Cox motions for relief from judgment on the 2019 $1 billion damages award given to music labels charging it with contributory and vicarious copyright infringement, the ISP said Friday in a docket 1:18-cv-00950 notice of appeal to the 4th U.S. Circuit Court of Appeals. In the order, District Judge Liam O'Grady found "without merit" Cox's arguments that evidence in similar litigation involving Charter Communications showed the evidence against Cox to be unreliable and inadmissible. Seeing the Charter litigation, Cox "may well be rethinking and reevaluating their previous trial strategies, [but it] received a full and fair trial here," O'Grady wrote, calling the Charter evidence immaterial to Cox's case.

If the U.S. Court of Appeals for the 5th Circuit doesn’t rehear an antitrust case involving standard essential patents (SEPs), it will harm consumers and access to Wi-Fi and 5G products, tech groups argued Wednesday in 20-11032. Continental Automotive Systems sued Avanci in 2020, arguing the latter’s refusal to sell an SEP license on fair, reasonable and nondiscriminatory (FRAND) terms is a violation of antitrust law. The Computer and Communications Industry Association, the App Association, High Tech Alliance and the Public Interest Patent Law Institute signed a joint amici brief asking the court to allow the lawsuit to proceed. The 5th Circuit is reviewing a February panel decision dismissing the claim. Avanci broke its promises under FRAND terms so “that it could make more money by licensing more profitable companies,” said CCIA Patent Counsel Joshua Landau. “If the panel decision stands, SEP patent holders will see a green light to withhold licenses, harming competitors and consumers alike.”