Facts ‘Weigh Against’ Rapid Disposition in Patent Probe of Cable Firms: BBiTV

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.