The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain set-top boxes, and hardware and software components thereof. The products at issue in this investigation are hardware and software that allow users to receive signal content from a variety of sources and include such features as an electronic program guide, the ability to receive on-demand content, etc.

The investigation is based on a complaint filed by Microsoft Corporation of Redmond, WA, on January 24, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain set-top boxes, and hardware and software components thereof that infringe patents asserted by Microsoft. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified TiVo Inc. of Alviso, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-761), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.