The U.S. International Trade Commission on Nov. 1 affirmed an earlier ruling that Netflix’s streaming software did not infringe on Rovi Corp. patents linked to interactive program guide technology, though Rovi has since pledged to keep the fight going in the U.S. District Court.
In the ruling, Lisa R. Barton, acting secretary to the Commission, largely agreed with Administrative Law Judge David P. Shaw’s initial decision in June that Rovi did not infringe four Rovi patents. In the complaint, filed in May 2012, Rovi had argued that its intellectual property was being violated when Netflix software was used on certain devices made overseas and then imported to the U.S., including TVs made by LG Electronics, Mitsubishi and Vizio, as well as a Vizio tablet, according to Law 360.
“The Commission affirms with modified reasoning the ALJ’s finding that the importation requirement is not met for all of the asserted patents,” Barton wrote. She also affirmed the ALJ’s findings that three Rovi patents were valid, but not infringed, while a fourth is invalid and not infringed.