Realtek Seeks ITC Decision DivX Can’t Satisfy Section 337 Patent Probe Rules

Thursday was the deadline for comments at the International Trade Commission on the public interest ramifications of the Tariff Act Section 337 exclusion order DivX seeks against LG, Samsung and TCL smart TVs and video processors from MediaTek, MStar and Realtek for allegedly infringing DivX adaptive bitrate streaming patents (see 2009160052). Realtek instead sought a 100-day ITC “adjudication” challenging DivX’s qualifications to bring a patent case because it’s “unlikely” DivX can satisfy “the economic prong of the domestic industry requirement” under ITC rules, said the chipmaker in Friday's posting (login required) in docket 337-3489. Realtek wants “expedited consideration” of the domestic industry requirement because a ruling against DivX “will likely avoid unnecessary and burdensome litigation,” said the filing.