Gemstar-TV Guide International, an entertainment company is the
producer of patented interactive television guides that are
displayed on-screen and allow consumers to view, select, tune to or
record programs.
In February 2001, Gemstar filed a complaint against competitors
EchoStar Communications, Pioneer Electronics and
Scientific-Atlanta, claiming that programme guides contained in
their imported set-top boxes infringed on its patents.
In his decision released on Friday, ITC judge Paul Luckern
upheld the validity of Gemstar’s patents. However he ruled that the
rival set-top boxes are not infringing, and found that “there has
been no violation” by its rivals in their importation and sale
within the US.
The ITC judge concluded that there was no legal basis for
infringement claims, because Gemstar does not establish a “domestic
industry”. Media reports on the case do not elaborate on the
meaning of this phrase and the decision itself has not been made
public. Moreover, it was found that the company misused one of its
patents for a navigation system.
The company has said it will appeal the ruling and that it will
continue to pursue its international intellectual property strategy
in order to protect its “innovations and inventions”.
The ITC’s decision means that the importation of the rival
set-top boxes will continue without restrictions.
