Fenwick Secures Major ITC Victory for Amazon

On May 29, 2024, in a major litigation win for Fenwick client Amazon, an administrative law judge at the U.S. International Trade Commission (ITC) found no infringement and no domestic industry (on both technical and economic prongs) for four patents asserted against Amazon's popular video streaming devices.

The complete victory, obtained after a full evidentiary hearing in December, defeated all claims by video codec and licensing company DivX, LLC, which had sought to block imports of Amazon's Fire TVs, Fire Sticks, Fire Cubes, Fire Tablets, and Echo Show devices.

DivX had accused Amazon of violating Section 337 of the Tariff Act by importing products that allegedly infringed five of its video processing patents. But after considering the evidence, the ITC judge determined that Amazon's products did not infringe any of the four remaining patents in the investigation, and that DivX failed to establish the required technical and economic domestic industry.

The ITC’s ruling delivers a key win for Amazon, preserving its ability to import and sell its popular and innovative streaming devices.

The Fenwick team included litigation partners David Hadden, Saina Shamilov, Allen Wang, Bryan Kohm and associates Daniel Rabinowitz, Rebecca Fewkes, Geoff Miller, Christopher Larson, Wenbo Zhang, and Gregory Adams.

The case is In the Matter of Certain Video Processing Devices and Components Thereof, case number 337-TA-1343, before the U.S. International Trade Commission.