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ITC Initiates Patent Investigation on Certain Digital TVs, Certain Products Containing Same, and Methods Using Same

The International Trade Commission has issued a notice of institution of a section 337 investigation of certain digital televisions and certain products containing same and methods of using same.

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Complaint Alleges Patent Violations, Requests Exclusion & Cease/Desist Orders

The complaint, filed on behalf of Funai Electric Co., Ltd. of Japan and Funai Corporation, Inc. of Rutherford, New Jersey alleges violations of 19 USC 1337 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain digital televisions and certain products containing same and methods of using same by reason of infringement of certain claims of U.S. Patent Nos. 6,115,074 and 5,329,369. The complaint further alleges that an industry in the U.S. exists as required by subsection (a)(2) of section 337.

The complainants request that the ITC issue a permanent exclusion order and a permanent cease and desist order after the investigation.

Respondents Alleged to Be in Violation of Section 337

The respondents are the following entities alleged to be in violation of section 337:

Vizio, Inc., of Irvine, CA;

AmTran Technology Co., Ltd., of Taiwan;

Polaroid Corporation of Waltham, MA;

Petters Group Worldwide, LLC, of Minnetonka, MA;

Syntax-Brillian Corporation of Tempe, AZ;

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, CA;

TPV Technology, Ltd., of Hong Kong;

TPV International (USA), Inc., of Austin, TX;

Top Victory Electronics (Taiwan) Co., Ltd., of Taiwan;

Envision Peripherals, Inc., of Fremont, CA; and

International Reliance Corp. of San Dimas, CA.

Determination of Violation to be Made by ALJ, Reviewed by ITC

By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.

(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.)

ITC contact - David Lloyd (202) 205-2576

ITC notice (Inv. No. 337-TA-617, FR Pub 11/15/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-22207.pdf

ITC press release (07-111, dated 11/08/07) available at http://www.usitc.gov/ext_relations/news_release/2007/er1108ee1.htm