Termination of patent infringement case against Comcast and NBCUniversal

On November 14, 2022, the International Trade Commission terminated its investigation into Comcast Corporation, Comcast Cable Communications, LLC and NBCUniversal Media, LLC (collectively, “Comcast”) following the withdrawal of a complaint filed by Broadband iTV, Inc. (BBiTV). Comcast hired Davis Polk as lead counsel to defend against BBiTV’s allegations of patent infringement, which spanned four patents and three groups of respondents. In addition to Comcast, BBiTV named as respondents Charter Communications, Inc., Charter Communications Operating, LLC, Charter Communications Holding, Company, LLC and Spectrum Management Holding Company, LLC (collectively, “Charter”) and Altice USA, Inc., CSC Holdings, LLC and Cablevision Systems Corp. (collectively, “Altice”).

BBiTV filed its complaint in April 2022, and an evidentiary hearing before an administrative law judge was set for less than 10 months later, in February 2023. BBiTV asserted patents directed to video-on-demand technologies, and BBiTV sought an exclusion order that would have barred the importation of Comcast’s set-top boxes into the United States. Over the summer, the parties litigated various claim‑construction issues, which resulted in a decision by the administrative law judge in September 2022 interpreting certain terms of the asserted patents in respondents’ favor. Weeks later – and only days after the administrative law judge denied BBiTV motion for reconsideration – BBiTV withdrew its allegations against Comcast, leading to the termination of the investigation by the Commission.

The Davis Polk team included partners Ashok Ramani, David Lisson and Micah G. Block, counsel Philip T. Sheng and associates Gareth DeWalt, Serge A. Voronov, James Y. Park, Ian Hogg and Allegra M. Bianchini. Members of the Davis Polk team are based in the Northern California and New York offices.