ITC Rescinds Limited Exclusion Order on Certain Digital Televisions for 2 Firms
The International Trade Commission has determined to rescind the limited exclusion order issued against Vizio, Inc. and AmTran Technology Co., Ltd. and a cease and desist order issued against Vizio in its patent-based investigation of certain digital televisions and certain digital products containing the same and methods of using the same.
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ITC Rescinds Order Pursuant to Settlement Agreement
In February 2010, complainants Funai Electric Co., Ltd. and Funai Corporation, and respondents Vizio and AmTran, filed a joint petition to rescind the orders on the basis of a settlement agreement between the parties. Having reviewed the parties' submissions, the ITC has determined that the settlement agreement satisfies the requirement that there be changed conditions of fact or law.
The ITC therefore has issued an order rescinding limited exclusion order issued against Vizio, Inc. and AmTran Technology Co., Ltd. and the cease and desist order issued against Vizio previously issued in this investigation.
(In 2009, the ITC issued a limited exclusion order prohibiting the unlicensed entry of digital televisions and products that infringe certain patents asserted by Funai that are manufactured abroad by or on behalf of, or are imported by or on behalf of, Vizio, AmTran, or any of their affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns, among others1.
The ITC also issued a cease and desist order prohibiting Vizio, among others2, from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, the infringing products.)
1The limited exclusion order was also issued against Syntax-Brillian Corporation of Tempe, Arizona (SBC); Taiwan Kolin Co., Ltd. of Taiwan; Proview International Holdings, Ltd. of Hong Kong; Proview Technology (Shenzhen) Co., Ltd. of China; Proview Technology, Ltd. of Garden Grove, California; TPV Technology, Ltd. of Hong Kong; TPV International (USA), Inc. of Austin, Texas; Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan; and Envision Peripherals, Inc. of Fremont, California, to which the order still applies.
2Cease and desist orders were also issued against Envision, TPV USA, SBC, and Proview Technology, which still apply.
(See ITT's Online Archives or 04/15/09 news, 09041540, for BP summary of the ITC's issuance of the limited exclusion order and cease and desist orders.
See ITT's Online Archives or 09/11/09 news, 09091135, for BP summary of the ITC’s institution of enforcement proceeding regarding these orders.)
ITC contact - Megan Valentine (202) 708-2301
(FR Pub 08/13/10, Inv. No. 337-TA-617)