On Might 13, 2021, the ITC issued a Notice of Investigation in Sure Health Gadgets, Streaming Elements Thereof, and Programs Containing Identical (Inv. No. 337-TA-1265).
By means of background, this investigation is predicated on an April 13, 2021 grievance (see Part I and Part II) filed by Dish DBS Company, Dish Applied sciences L.L.C., and Sling TV L.L.C. all of Englewood, Colorado (collectively, “DISH”) alleging a violation of part 337 by ICON Well being & Health, Inc. of Logan, Utah, FreeMotion Health, Inc. of Logan, Utah, NordicTrack, Inc. of Logan, Utah, lululemon athletica inc. of Canada, Curiouser Merchandise Inc. d/b/a MIRROR of New York, New York, and Peloton Interactive, Inc. of New York, New York (collectively, “Respondents”) within the illegal importation and/or sale within the U.S. of sure health units, streaming elements thereof, and techniques containing similar by cause of infringement of sure claims of U.S. Patent No. 9,407,564 (“the ’564 patent”); U.S. Patent No. 10,469,554 (“the ’554 patent”); U.S. Patent No. 10,469,555 (“the ’555 patent”); U.S. Patent No. 10,757,156 (“the ’156 patent”); and U.S. Patent No. 10,951,680 (“the ’680 patent”).
In keeping with the grievance, the asserted patents are all directed to HTTP-based Adaptive Bitrate Streaming (“ABR”) for improved information transport in content material streaming over the Web. DISH is requesting that the Fee difficulty a everlasting restricted exclusion order and a everlasting stop and desist order directed to the Respondents. In keeping with the Discover of Investigation, the Workplace of Unfair Import Investigations will take part as a celebration within the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he’ll preside within the investigation.