Comcast has filed a motion at the U.S. Court of Appeals for the Federal Circuit as it looks to expedite the briefing and hearing schedule for an appeal of its case at the International Trade Commission.

In November, the ITC issued a limited exclusion order prohibiting importation of certain DVR and hardware and software. That followed an initial determination last May finding that various respondents, including Comcast, had violated two TiVo patents – No. 8,006,263 and 8,578,413 -- that describe “Interactive Television Program Guide with Remote Access,” while four other patents asserted by TiVo/Rovi in the case “were found to have no violation at this point.”

RELATED: TiVo Notches Win in ITC Patent Battle with Comcast

As Comcast seeks its appeal of the ITC decision, the operator has disabled a feature from its Stream appfor mobile devices and web browsers that enables customers to schedule DVR recordings remotely.

Comcast said the filing of the new motion is a procedural step. CableFAX reported that Comcast is arguing that the ITC overstepped its authority with the ruling handed down late last year.

It’s not clear how much Comcast’s motion, if granted, will expedite the appeal (a decision on whether to grant it might be made before the end of February). Typically, it might take the Federal Circuit about a year to reach a decision. Without an accelerated briefing schedule, the hearing on Comcast’s appeal might get under way this fall. With it, it might get moved up to June or July, a personal familiar with the situation said.

RELATED: TiVo Notches Win in ITC Patent Battle with Comcast

In the meantime, TiVo, which merged with Rovi Corp. in the fall of 2016, has recently filed a companion to the ITC case that involves the same eight patents that are being asserted in a new round of litigation filed in district courts in California and Massachusetts. Those patents describe features such as pausing and resuming shows on different devices and some advanced search and voice functionality.

RELATED: TiVo Hits Comcast With More Lawsuits Targeting X1

That move essentially enables TiVo to put in parallel the patents and intellectual property it’s asserting in the district courts, where it would be seeking monetary damages, as well as with the proceedings at the ITC, which is instead focused on remedies that usually involve exclusion orders that would prevent infringing products from being imported to the U.S.

It’s expected that the cases at the district courts will get stayed until the appeals at the ITC get played out.

And there’s still no telling how long all of this will play out, as both sides have shown no signs of budging.

People familiar with the situation believe that Comcast will hold firm and fight it out in the courts rather than sign a deal, and that TiVo will continue to keep the pressure on Comcast with multiple lawsuits in the absence of a new licensing agreement.

TiVo has argued that the patents in the new complaints represent a “very small” part of its portfolio. At CES in January, recently named TiVo CEO Enrique Rodriguez said the goal is to “have the right relationship with Comcast” and that litigation is considered a “last resort.”

Comcast has been countering that TiVo’s patents have aged and are “increasingly obsolete” and that Comcast’s own engineers independently created X1 products and services.

Comcast has yanked a feature from its Stream app for mobile devices and web browsers that enables subscribers to schedule DVR recordings remotely.

The removal of that feature comes a few days after the International Trade Commission issued a final ruling that Comcast had violated two TiVo patents, and a “limited exclusion order” that prohibits the importation of certain DVR receivers and software components.

That ruling is now undergoing a 60-day presidential review period. Comcast, which disagreed with the ITC’s ruling, has removed the remote recording feature as it prepares to appeal.

Though Comcast customers currently can’t set recordings remotely on the Stream app, they can still set recordings via the set-top box. Additionally, Comcast customers can still use the Stream app to playback (and download) DVR-recorded content (that component is enabled by X1’s cloud DVR service).  

GeekWire was first to report that Comcast had removed the remote recording feature from the Stream app, and noted that Comcast has yet to update its FAQs (for the Stream app and the Xfinity TV Remote App) to reflect the change.

In the meantime, the ComcastCares Twitter handle has been responding to customers who are confused as to why that feature is currently unavailable.

@XFINITY@comcastcares@comcast What happened to the “Record Program” functionality from the Stream TV app? I no longer have the option to record a show using my phone. What gives? pic.twitter.com/RioWsrGWAs

— Gary Awesome (@wizwit101) November 30, 2017

That functionality has been removed from our apps. If you’re away from your DVR box and cannot schedule a recording and miss a show, check to see if it’s available on XFINITY On Demand! We apologize for the inconvenience.- RO

— ComcastCares (@comcastcares) November 30, 2017

I apologize for the inconvenience. Due to a judicial ruling, we are disabling this feature while we pursue an appeal. - Noah

— ComcastCares (@comcastcares) November 30, 2017

As Comcast’s primary supplier of video products, Arris “could face challenges importing X1 boxes” to the MSO following yesterday’s ruling by the International Trade Commission that Comcast had violated two TiVo patents, Simon Leopold, an analyst with Raymond James, opined in a research note issued Wednesday.

The ruling, announced Tuesday (November 21), now moves to a 60-day presidential review before it takes effect, but it could prohibit Comcast from importing boxes equipped with software that is subject to the TiVo patents.

RELATED: TiVo Notches Win in ITC Patent Battle with Comcast

For its part, Comcast said it respectfully disagrees with the ITC’s decision and that it will remove the feature while it pursues an appeal. The feature, in this case, is functionality that lets video customers schedule DVR recordings remotely from mobile devices that they would watch later via the set-top box.

Two set-top makers – Arris and Technicolor -- were identified as respondents in the case. Pace was also named (Arris acquired the U.K.-based company in early 2016).

Arris and Technicolor have been asked for comment regarding the ITC ruling.

UPDATE:Arris issued this statement Wednesday: "ARRIS was again found not to have infringed on any of Rovi’s patents; however, we are nevertheless disappointed and respectfully disagree with the ITC’s determination that there was infringement by any of the parties in this matter. Going forward, we will continue to support Comcast's appeal. We believe that the inclusion of ARRIS was improper based on our existing agreements with Rovi, which was borne out by the Commission's ruling."

Arris, Leopold wrote, “could face challenges importing X1 boxes for Comcast with this ruling.”

Leopold said Arris management “expressed a lack of worry when we spoke to them about this risk, which suggests they have some insight, but citing the litigation and the fact that the issue is in the hands of their top customer, they declined to elaborate.”

Update: In the wake Comcast's statement and its temporary work-around to remedy the situation following the ITC ruling, Leopold issued a follow-up note today that "[w]e expect this to reduce overhang on ARRIS stock." 

That seems to be playing out so far, as investors don’t appear to be concerned. Arris shares were up 12 cents (0.41%) to $29.15 each in mid-day trading Wednesday.

In view of similar cases, the situation here could affect the timing of shipments, but not the long-term demand, Leopold noted.

“Comcast will buy video equipment based on its deployment plans, which are unlikely to change, so what doesn’t get ordered during a period where the product is unavailable, should likely be ordered later,” he added.

Leopold said he expects Comcast and TiVo to continue negotiations during the 60-day review period, but also outlined several options that are available to Comcast:

-To pay the license fee for the feature and keep it as is (Leopold said TiVo’s recent renewal/extension with AT&T has a Most Favored Nations clause that “likely sets a floor” on what might be acceptable).

-To implement a work-around in the code.

-To important boxes without software and install the software in the U.S. “This may buy time and shift jurisdiction, but is likely just a stalling tactic,” the analyst wrote.

-Remove the offending feature from the software code and possibly negotiate to add it back.

TiVo shares rose more than 10% in after-hours trading Tuesday after the International Trade Commission handed down a final ruling finding that Comcast had violated two TiVo patents.

According to the notice posted today, the ITC, following its investigation, has issued a “limited exclusion order prohibiting the importation of certain digital video receivers and hardware and software components” and had “issued cease and desist orders…directed to the Comcast respondents. The investigation is terminated.”

In addition to Comcast, other respondents in the ITC case include set-top suppliers such as Technicolor, Arris and Pace Ltd. (Arris acquired U.K.-based Pace in January 2016). 

“Rovi is pleased the International Trade Commission issued its final ruling in our favor and found that two Rovi patents are valid and infringed by Comcast’s X1 products, and issued an exclusion order that bans Comcast from importing and selling X1 devices that infringe our valuable intellectual property,” Rovi, a TiVo company, said in a statement. “Today’s Commission Opinion reinforces the need for Comcast to take the necessary licenses to our IP.”

TiVo and Rovi completed their merger last fall. Though TiVo/Rovi has recently renewed and/or extended patent and licensing deals with several other major MVPDs, including AT&T of late, it and Comcast have not yet come to terms on a new agreement. The ITC ruling could hasten a new deal between TiVo and Comcast. 

Update: Comcast issued this statement:“We respectfully disagree with the ITC’s decision in this matter. In fact, Rovi has never disputed that Comcast or its predecessors independently developed our X1 platform and our cloud- and app-based technology. While we believe the ITC reached the wrong decision, we will remove this feature from those offered to our subscribers while we pursue an appeal.”

The feature Comcast is referring to is functionality that lets video customers schedule DVR recordings remotely from mobile devices that they would watch later via the set-top box. 

Comcast also has deals in place to license/syndicate its X1 platform to other MSOs, including Cox Communications (it inked a multi-year intellectual agreement with Rovi in 2010)  and three based in Canada (Rogers Communications, Shaw Communications, and Videotron), which seemingly would have no bearing as this is a U.S.-focused case). Shaw is already facing a legal challenge from Nagra and OpenTV over the MSO's BlueSky TV service, which leans on Shaw's X1 syndication deal with Comcast. 

The ITC’s final ruling follows an initial determination in May finding that various respondents, including Comcast, had violated two TiVo patents – No. 8,006,263 and 8,578,413 that describe “Interactive Television Program Guide with Remote Access”– and that other four patents asserted by TiVo/Rovi in the case “were found to have no violation at this point.”

RELATED: TiVo Shares Soar on Prelim ITC Ruling Against Comcast“Having examined the record in this investigation, the Commission has determined to affirm the Final ID’s conclusion that Comcast has violated section 337 in connection with the asserted claims of the ’263 and ’413 patents,” the ITC said in the notice issued today. “More particularly, the Commission affirms the Final ID’s determination that Comcast imports the accused X1 set-top boxes (“STBs”), and takes no position as to whether Comcast is an importer of the Legacy STBs. The Commission also takes no position on as to whether Comcast sells the accused products after importation.”

Regarding what’s next, the final ITC notice now heads to a 60-day Presidential period, where the exclusion order will be reviewed and a decision will be made as to whether there’s a public health policy reason to suspend it. That’s considered unlikely in this instance.

Comcast also has the option to appeal the notice to the federal circuit, though such action isn't expected to slow TiVo’s ability to stop infringing boxes from entering the U.S.

The ITC ruling doesn’t factor in any monetary damages. TiVo is seeking those in two separate court cases occurring in the Southern District of New York. One involves the same patents covered in the ITC case, which had been under a stay until the Commission determined a final ruling.

In 2016, prior to its merger with TiVo, Rovi filed a patent suit against Comcast in the Eastern District of Texas, Marshall Division, alleging that the cable operator, together with a handful of its set-top suppliers, including Arris/Pace, Technicolor and Humax, are infringing on 14 patents that, it claims, covers features such as remote recording and search for Comcast’s X1 platform.

Arris, already facing a complaint from Sony at the U.S. International Trade Commission, has fired back by filing a patent complaint of its own at the ITC that targets Sony-made smart TVs, including several Android TV-powered models, gaming consoles, mobile phones, and Internet-connected DVDs and Blu-ray players.

The complaint, spotted by FierceCable and filed by Arris on May 9, centers on the following Arris patents and Sony products:

-No. 6,473,858: “Method and Apparatus for Broadcasting Data with Access Control”  (Accused Sony Android TV, PlayStations and Blu-ray/DVD players);

-No. 6,934,148: “Electronic Chassis and Housing Having an Integrated Forced Air Cooling System” (PS4 Slim)

-No. 7,113,502: “Communication and Management System and Method” (Accused Sony Andrioid TVs, and PlayStation consoles)

-No. 7,752,564: “System and Method for Focused Navigation Using Option Type Filters” (accused Sony TVs)

-No. 8,300,156: “Remote Control Device with Integrated Display Screen for Controlling a Digital Video Recorder”  (accused Sony mobile products);

-No. 9,521,466: “Method and Device for Receiving and Providing Programs” (accused Sony Android TVs, PlayStations and Blu-ray/DVD players).

The complaint seeks a limited exclusion order, barring entry into the U.S. all allegedly infringing consumer electronics devices from Sony, and a cease and desist order that would prohibit the sale for import, sale after importation, offer for sale and distribution of those products.

Arris’s complaint comes about a month after the U.S. ITC announced that it voted to start an investigation in response to a complaint lodged by Sony Corp. alleging that certain boxes and gateways imported and supplied by Arris to Comcast and DirecTV infringe on certain Sony patents.

RELATED: ITC to Investigate Sony Patent Claims Against Arris

The U.S. International Trade Commission announced Wednesday that it voted to start an investigation in response to a complaint lodged by Sony Corp. regarding claims that certain boxes and gateways imported and supplied by Arris to Comcast and DirecTV infringe on certain Sony patents.

Arris declined to comment on the investigation, but the ITC said the probe includes Arris set-tops supplied to Comcast for its Xfinity brand and boxes supplied to DirecTV for its Genie brand, as well as “media or telephone gateway products.”  

Arris is a key box supplier for Comcast’s X1 platform. AT&T closed its acquisition of DirecTV in July 2015.
Per the ITC, the complaint alleges violations of section 337 of the Tariff Act.

Various units of Arris and Pace are both listed as respondents in the investigation (337-TA-1049)

Arris acquired U.K.-based Pace plc in January 2016, a move that broadened Arris’s lead in the set-top sector and filled a satellite TV gap in Arris’s set-top business. That followed Arris’s purchase of Motorola Home in April 2013.

RELATED: Arris Wraps Up Pace Acquisition

The US ITC said it will make a final determination in the investigation “at the earliest practicable time," but will set a target date for completing the investigation within 45 days after institution of the investigation.

On Oct. 9, an International Trade Commission (ITC) administrative law judge made an initial determination in a patent infringement case between mobile technology companies. The ITC judge’s determination, albeit preliminary, was that the commission could find no evidence to support the claims made by the plaintiff, Nvidia, which owns patents for graphics processing technology. However the case will continue and the implications of a potential ruling could be pernicious for the Latino community in the United States.

Almost a year ago, Nvidia Corp. filed a claim at the ITC asserting that Samsung Electronics Co. and Qualcomm Inc. infringed on some of its patents related to specific chips in particular Samsung mobile devices. Nvidia asked the ITC, an independent government board, for an exclusion order that would apply to Samsung products, including tablets and smartphones that contain the disputed Qualcomm chip technology. 

An exclusion order would essentially bar these devices from entering the U.S. This order would reduce access to smartphones and other connected devices like tablets. Our concern is that this would have a disproportionate effect on the nation's Latino communities, which depend on affordable mobile technologies for Internet access more than other communities.

Nearly 72% of Hispanics own a smartphone – 20% higher than the national average – according to a Nielson report released last year. But that high level of ownership does not tell the full story about the unique relationship U.S. Latinos have with their smartphones, tablets and other devices. For many Latinos, these devices are the only way they access the Internet. 

A Pew Research Center study shows that at least 13% of Hispanics and 12% of African-Americans are “smartphone-dependent,” suggesting that they don’t have access to the Internet at home. There are many reasons for this, notably the availability of affordable broadband connections. Just the same, the so-called digital divide is narrowing. According to Pew’s research, 81% of Hispanics now use the Internet, compared with 85% of whites. And mobile technology is critical to closing this divide.

Presently, connecting to the Internet is not an option but a necessity. It is frequently the most efficient way to access a host of information in a timely manner, seek employment opportunities and stay current on news that affects you – no matter where you live, transcending income level and ethnicity. In the past year, 73% of Hispanics who own a smartphone have used their device to search for information related to a health condition, and 45% have used their phone to look up educational materials or access the rapidly increasing offering of online education programs.

One of the reasons why this exclusion order would be particularly disruptive is cost. According to Experian Marketing Services, 53% of Hispanic adults use an Android device, compared with only 34 percent that use an iPhone. Because Samsung manufactures 65 percent of all Android smartphones, an import ban on its many popular products would hit Hispanic smartphone users especially hard as the smartphone supply would be dramatically reduced. In addition, Pew’s study also noted Latinos are twice as likely as other groups to terminate their smartphone service because of increased costs.

Not so long ago the mobile Internet was novel new concept. Now it is a redundant term. The Internet is mobile. The dramatic increase in connectivity is allowing new businesses to grow with dynamic efficiency and is breaking down barriers for millions. This is a testament to free-market innovation and, for the most part, a light regulatory touch. Keeping an ample supply of a variety of affordable devices is a critical element of maintaining the momentum of today’s world. Therefore, this exclusion order affecting so many products could have dramatic unintended consequences, particularly among Hispanics.

Disputes over patents are common in a competitive technology economy, and companies should be free to contest each other over intellectual property rights and recover what is rightfully theirs. In Nvidia's dispute with Samsung and Qualcomm, however, let’s hope the initial determination sets the stage for the ITC to reject Nvidia’s request for an exclusion order when it reaches a final ruling, which is expected next year. An exclusion order in this case threatens to restrict Internet access for millions of consumers and an even larger proportion of Hispanics, who rely on affordable mobile technology to stay connected.

Allen Gutierrez serves as the National Executive Director of The Latino Coalition, a national organization that represents Latino interests with senior executives of many Fortune 500 companies and local and federal government agencies.