On December 21, 2016, ALJ David P. Shaw issued Order No. 34 in Certain Digital Video Receivers and Hardware and Software Components Thereof (Inv. No. 337-TA-1001).

By way of background, this investigation is based on an April 6, 2016 complaint filed by Rovi Corp. and Rovi Guides, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain digital video receivers and hardware and software components thereof that infringe one or more claims of U.S. Patent Nos. 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; and 8,566,871. These asserted patents generally relate to Interactive Program Guide (“IPG”) technology. See our April 6, 2016 and June 2, 2016 posts for more details on the complaint and the Notice of Investigation, respectively.

Complainants had filed a motion seeking to quash the subpoena ad testificandum to a named inventor on multiple patents in this investigation. In addition to opposing the motion, respondents argued in the alternative that the ALJ should “allow the admission of the prior deposition testimony” of the inventor instead. In Order No. 34, ALJ Shaw denied this motion without accepting respondents’ alternative argument or disclosing his reasoning.