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Gemstar-TV Guide Seeks Additional Review

Gemstar-TV Guide International [GMST] is requesting a review of Friday's decision by U.S. International Trade Commission (ITC) Administrative Law Judge Paul Luckern that found the company's patents involving an interactive program guide were not violated by several companies including EchoStar Communications [DISH].

The judge decided that Pasadena, Calif.-based Gemstar failed to establish that the three patents at the center of the suit were infringed upon. Luckern also ruled that one of the patents was "unenforceable" due to the failure to name a co-inventor, Gemstar officials said. Gemstar, which said the judge's determination is "erroneous" and unsupported by a proper application of the law, intends to petition for a review of the ruling by the full commission.

The matter, based upon section 337 of the Tariff Act of 1930, involved set-top boxes imported by satellite TV provider EchoStar, divisions of Pioneer [PIO], Scientific-Atlanta [SFA] and SCI Systems. The judge found that Gemstar did not satisfy the technical prong of the domestic industry requirement under subsection (a)(2) of section 337, company officials said. A decision by the commission on the company's petition is expected within 45 days, Gemstar officials said.

COPYRIGHT 2002 PBI Media, LLC
COPYRIGHT 2002 Gale Group



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