On May 13, 2021, the ITC issued a Notice of Investigation in Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same (Inv. No. 337-TA-1265).

By way of background, this investigation is based on an April 13, 2021 complaint (see Part I and Part II) filed by Dish DBS Corporation, Dish Technologies L.L.C., and Sling TV L.L.C. all of Englewood, Colorado (collectively, “DISH”) alleging a violation of section 337 by ICON Health & Fitness, Inc. of Logan, Utah, FreeMotion Fitness, Inc. of Logan, Utah, NordicTrack, Inc. of Logan, Utah, lululemon athletica inc. of Canada, Curiouser Products Inc. d/b/a MIRROR of New York, New York, and Peloton Interactive, Inc. of New York, New York (collectively, “Respondents”) in the unlawful importation and/or sale in the U.S. of certain fitness devices, streaming components thereof, and systems containing same by reason of infringement of certain claims of U.S. Patent No. 9,407,564 (“the ’564 patent”); U.S. Patent No. 10,469,554 (“the ’554 patent”); U.S. Patent No. 10,469,555 (“the ’555 patent”); U.S. Patent No. 10,757,156 (“the ’156 patent”); and U.S. Patent No. 10,951,680 (“the ’680 patent”).

According to the complaint, the asserted patents are all directed to HTTP-based Adaptive Bitrate Streaming (“ABR”) for improved data transport in content streaming over the Internet. DISH is requesting that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed to the Respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he will preside in the investigation.