Last month, The U.S. International Trade Commission agreed to review a judge’s findings regarding an ongoing lawsuit from Dish Network against Peloton, lululemon, and iFit (the makers of NordicTrack) that could lead to an import ban from the three companies.
As a refresher, Dish Network first sued the fitness companies in the spring of 2021, alleging infringement upon five of their patents. In particular, the suit deals with Dish Network’s ability to stream different qualities of video based on the bandwidth of the connected user, which can prevent streaming and buffering issues.
In addition to suing, Dish Network also sent a request to the U.S. International Trade Commission asking them to block imports from the companies until the suit was settled.
This past September a judge declared that the companies infringe upon four Dish Network patents, paving the way for a potential import ban. However, the U.S. International Trade Commission has now agreed to take a closer look at the judge’s findings. The latest filing states:
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (“Final ID”) issued by the presiding chief administrative law judge (“CALJ”) on September 9, 2022. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding.
The Commission will also be looking to address questions regarding whether a potential import ban would affect those who already own the products in question.
Parties involved in the investigation had through December 2 to file written submissions. It has not been stated how long it will take the US ITC to rule on the next steps.
Bloomberg Law also reported this news, but note that the article is behind a paywall.
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