The Supreme Court of the United States recently denied Comcast's petition for certiorari regarding its dispute with Rovi at the International Trade Comission.
The ITC had determined, and the Court of Appeals for the Federal Circuit had agreed, that Section 337 applies to articles that infringe after importation in response to Comcast's argument that the Commission’s authority under Section 337 is limited to excluding articles that infringe at the time of importation.
Regarding Comcast's argument that it does not physically bring the boxes into the United States and it does not exercise any control over the process of importation, the Federal Circuit had also agreed with the ITC that "Comcast is sufficiently involved with the design, manufacture, and importation of the accused products, such that it is an importer for purposes of Section 337."
Read the Federal Circuit's decision here.
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