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.