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Federal Circuit: ITC Did Not Err In Finding Violation of Section 337
On Jan. 19, 2024, a Federal Circuit panel of Judges Dyk, Hughes, and Stoll found in an opinion authored by Judge Hughes that the International Trade Commission did not err in affirming the administrative law judge's finding that Roku, Inc. violated 19 U.S.C. §1337 (Section 337). Roku, Inc., v. ITC, Case No. 22-1386. The case was initiated when Universal Electronics Inc. filed a complaint with the ITC alleging that Roku imported TV products that infringed Universal's U.S. Patent No. 10,593,196 (the '196 patent). The Commission upheld the administrative law judge's finding that Roku violated Section 337 by importing infringing TV products, specifically finding that: 1) Universal had ownership rights over the '196 patent; 2) Universal satisfied the economic prong of the domestic industry requirement under Section 337; and 3) Roku failed to show that the '196 was obvious. Slip Op. at 1. The Federal Circuit reviewed these three findings.
First, the Federal Circuit affirmed the Commission's finding that an agreement made in 2012 conveyed rights to the '196 patent to Universal. Id. at 10. This finding was not challenged by Roku. Id.
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