Granting DivX the import ban it seeks against LG, Samsung and TCL would exclude more than half the smart TVs sold in the U.S., LG responded (login required) at the International Trade Commission in docket 337-TA-1222. The ITC voted Oct. 14 to open a Tariff Act Section 337 investigation into allegations that LG, Samsung and TCL smart TVs and MediaTek, MStar and Realtek video processors infringe four DivX patents on adaptive bit rate streaming (see 2010140042). Samsung and TCL also filed responses Wednesday that were publicly redacted. Though DivX claims the market would continue to be adequately supplied with smart TVs despite the “disruption” of an import ban against three brand-share leaders, “it makes no products itself and provides no evidence that any third party could meet demand,” said LG. “Competition and consumers would suffer.” Smart TVs during the pandemic “have been increasingly relied on for consumer entertainment experiences, streaming video, and remote learning experiences,” said LG. “These technologies are ubiquitous in modern life.” LG “does not, and has not directly or indirectly infringed any valid and enforceable claim” of the DivX patents, said the manufacturer. DivX didn’t respond to questions.
The Copyright Royalty Board will add multifactor authentication to its eCRB login process in early December, it said Tuesday. The eCRB is an online litigation filing and case management system. Instructions will be emailed to registered users “once multifactor authentication is in place,” the CRB said.
TTKN Enterprises (dba Crystal Clear Media) ran a "massive, leveraged piracy operation [that] posed a direct threat to the legitimate streaming market," said Motion Picture Association Global General Counsel Karyn Temple Tuesday as the content industry coalition Alliance for Creativity and Entertainment (ACE) announced a permanent injunction against TTKN. U.S. District Judge George Wu of Los Angeles also awarded a $40 million judgment against TTKN last week (in Pacer, docket 20-cv-07274). ACE sued TTKN and its principals in August. TTKN outside counsel didn't comment.
“Many more markets” will go live in ATSC 3.0 in Q1, and “by the summer, we’ll hit the top 40,” Pearl Managing Director Anne Schelle told us. The broadcast industry’s original plans were to have stations in the top 40 TV markets up and running by year-end, but COVID-19 “put us back a bit,” she said. “I’m proud about the number of stations going up,” including “some big ones” going live with 3.0 in December, she said. Pearl TV and its partners in the Phoenix model market test bed project are poised to launch their first NextGenTV branding campaign to raise consumer awareness of the technology and promote its adoption for when people shop for TVs, Schelle noted. “Markets are launching” with 3.0 services, and it’s time to start engaging consumers, she said. The campaign begins Nov. 25 and runs through mid-January, said Schelle. It touts "stunning video," though Schelle said 4K and HDR likely won't become commercial realities before 2021. Service and device enhancements are inevitable as the launch progresses, said Pearl spokesperson Dave Arland, likening this stage of 3.0's debut to the first quarter of a football game. HDR is “not there yet,” partly due to COVID-19 delays, Schelle said. “You will see, I think in 2021, distribution on the various HDR formats from the networks.” Expect the NextGenTV logo to gain a much more ubiquitous presence after the campaign kicks off, said Schelle. We pored through the LG, Samsung and Sony links on the WatchNextGenTV.com consumer-facing website, plus the Best Buy and Amazon online stores, finding the logo mentioned only on Samsung’s e-commerce site. “That is going to change,” said Schelle. “They just haven’t updated it yet. It’s on their to-do list.” She expects more TV brands to jump into 3.0 at the virtual CES 2021 in January.
DivX’s Sept. 10 International Trade Commission complaint alleging infringement of four adaptive bit rate streaming patents (see 2009160052) is “unfounded,” Realtek responded (login required) Monday in docket 337-TA-1222. Commissioners voted Oct. 14 to open an investigation (see 2010140042). Also responding are LG, MediaTek, MStar, Samsung and TCL. The ITC should deny “in its entirety” any relief DivX seeks, including exclusion and cease and desist orders, said Realtek. DivX’s complaint is “not factual,” said the chipmaker: The infringement allegations are “baseless and should be withdrawn." DivX didn’t respond to questions Tuesday.
COVID-19-related timing provision adjustments are extended through Jan. 8, the Copyright Office said Monday. Originally to expire May 12, adjustments were previously extended to July 10, Sept. 8 and Nov. 9 (see 2009020031).
The Copyright Office is accepting comments through Nov. 25 on a supplemental notice of proposed rulemaking on the Music Modernization Act. The supplemental notice updates the CO’s July 17 proposed rule for the MMA’s “transition period transfer and reporting of royalties to the mechanical licensing collective,” the CO said Thursday. The supplemental notice “provides an alternate approach to requirements concerning the content of cumulative statements of account to be submitted by digital music providers to the mechanical licensing collective at the conclusion of the statutory transition period and proposes estimate and adjustment provisions with respect to payment of accrued royalties to the mechanical licensing collective in connection with this reporting.”
All respondents accused in the International Trade Commission probe of infringing Philips high-bandwidth digital content protection patents (see 2010190036) asked Administrative Law Judge Cameron Elliot for an 11-day deadline extension to Nov. 20 for responding. “The ability of Respondents to fully investigate and compile the information necessary to respond to Philips is limited by the current pandemic and corresponding restrictions,” said their motion (login required) Tuesday in docket 337-TA-1224: Philips and ITC staff don’t oppose the extension. The accused products include Dell, HP and Lenovo PCs; Hisense, LG and TCL smart TVs; and Intel, MediaTek and Realtek processors.
International Trade Commission Administrative Law Judge MaryJoan McNamara granted TCL’s motion for a two-week deadline extension to Nov. 17 to file its response to DivX allegations that TCL smart TVs infringe four patents on adaptive bit rate streaming, said her order (login required) in docket 337-TA-1222. Commissioners voted Oct. 14 to open a Tariff Act Section 337 investigation into the allegations against LG, Samsung and TCL smart TVs and MediaTek, MStar and Realtek video processors (see 2010140042). Only TCL asked for the extension, and DivX didn’t oppose the motion. The others were due to have filed their responses Tuesday.
Voice + is CTA’s new name for the dialogue enhancement feature that the Dolby AC-4 audio codec enables in ATSC 3.0-certified TVs that qualify for the NextGenTV logo, said the association Monday. CTA’s Video Division board approved Voice +, authorizing licensed TV makers to begin using the name on their 2021 model lines, it said. Dialogue enhancement scored high grades when demonstrated for consumers in Pearl TV’s Phoenix Model Market focus groups two years ago, said Magid Research, which did the studies (see 1904110037). In one demo, Dolby recorded loud cocktail party conversations and played them through speakers in the back of the viewing room, toggling the enhancement feature on and off to show how it makes pleasurable TV watching possible, even in noisy environments. AC-4 also enables consistent audio volume across all channels, a benefit highlighted at Pearl’s new WatchNextGenTV.com. CTA applied for the Voice + trademark Oct. 21 (see 2010290016). CTA also announced Monday the availability of the test suite TVs will need to pass to qualify for the NextGenTV logo. The suite includes more than 135 tests covering 150 "unique requirements across audio, video, captions, interactivity, service changes and more," said the association.