Newly Released CBP HQ Rulings Sept. 12
The Customs Rulings Online Search System (CROSS) was updated Sept. 12 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
H330951: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1265; Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same
| Ruling: The articles at issue that implement one of the redesigns are not subject to the exclusion order issued as result of Investigation No. 337-TA-1265. |
| Issue: Has iFIT met its burden to show that the articles at issue do not infringe the patents at issue, and thus are not subject to the general exclusion order issued in the 337-TA-1265 investigation? |
| Items: Fitness devices that iFIT contends have been modified to be incapable of using adaptive bitrate streaming. The three redesigns modify the fitness devices to force video playback through non-adaptive bitrate streaming, modify the servers only to provide a single bitrate quality stream to the fitness devices, and modify the fitness devices as proposed in the first redesign and modify the servers as proposed in the second redesign. |
| Reason: iFIT met its burden to establish that the articles do not infringe on certain claims of the ’554, ’555, and ’156 patents.The proposed modification to the client side device by iFIT does not practice the claims of the relevant patents at issue. The devices have been modified to use a single fixed bitrate stream as opposed to the adaptive multi-bitrate streaming technology. Redesign 2 with the modification to the servers described above does not infringe the asserted claims from the 1265 LEO. Without a further modification by iFIT, that would take the further modified device outside the scope of this ruling, the servers cannot stream more than one bitrate stream and cannot infringe on that basis. |
| Ruling Date: Sept. 12, 2023 |