CBP Says Comcast X1 System Redesign Successfully Avoids ITC IP Scope

Comcast updates to its X1 system let its X1 set-top boxes fall outside the scope of an International Trade Commission limited exclusion order in November against the company (see 1711280017), Customs and Border Protection ruled March 5, recently released. Comcast has been litigating set-top patent issues with Rovi, now named TiVo, for years (see 1803150024). "Comcast has carried its burden of demonstrating that the changes made to the X1 system will prevent Comcast’s customers from using the modified X1 system, of which the STBs at issue are a component, in a manner which directly infringes," CBP ruled. The design changes, most of which are redacted in the ruling, removed some features that allowed users to remotely schedule TV program recordings. "In support of the efficacy of its redesign, Comcast produced customer complaints from its Internet forums, which Comcast assuaged by publicly explaining that the remote recording functionality had been removed," said CBP. Redesigned X1 boxes imported by Arris and Technicolor on behalf of Comcast are no longer prohibited from entry into the U.S. CBP wasn't persuaded by TiVo's claims the same infringing features remained despite Comcast's changes. Comcast thinks the ITC "reached the wrong decision in this case, and we removed the remote DVR scheduling feature at issue while we pursue an appeal," a spokeswoman said Wednesday. "The letter simply acknowledges the favorable ruling we received from Customs last month.” TiVo declined to comment.