• ITC Issues Limited Exclusion Order and Cease and Desist Orders in Certain Electronic Devices Having Placeshifting or Display Replication Functionality (337-TA-878)
  • December 10, 2013 | Authors: Eric W. Schweibenz; Thomas C. Yebernetsky
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On December 2, 2013, the International Trade Commission (the “Commission”) issued a notice in Certain Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same (Inv. No. 337-TA-878).

    By way of background, this investigation is based on a March 12, 2013 complaint filed by Complainant Sling Media, Inc. (“Sling Media”). The respondents in the investigation were Monsoon Multimedia, Inc. (“Monsoon”); C2 Microsystems, Inc. (“C2 Microsystems”) (collectively “the Defaulting Respondents”); and Belkin International, Inc. (“Belkin”). On June 5, 2013, ALJ Pender issued an initial determination terminating the investigation as to Belkin based on a settlement agreement. In response to a show cause order, Monsoon moved to terminate the investigation based on a consent order. ALJ Pender rejected this motion and found Monsoon in default. C2 Microsystems did not respond to their show cause order and, likewise, were found in default.

    According to the Order, the Commission determined to issue a limited exclusion order and cease and desist orders directed to the Defaulting Respondents. The Limited Exclusion Order prohibits the unlicensed entry of Defaulting Respondents’ infringing products. The Cease and Desist Orders “prohibit, inter alia, the importation, sale, advertising, marketing, and distribution of covered products in the United States by the Defaulting Respondents.” Lastly, the Commission ordered that the bond for importation during the period of Presidential review be set at 100 percent of the entered value of Defaulting Respondents’ imported products.