Funai wants the FCC to strike Vizio’s March 30 reply in Vizio’s r...

at the commission. Vizio’s claim that a waiver is warranted to respond to new developments in the patent battle “is utter nonsense,” Funai said. That a Patent and Trademark Office examiner rejected Funai’s claims on its “'074” DTV patent as invalid is irrelevant to the case, Funai said. Vizio’s action “is nothing more than another self-serving attempt to manipulate the commission’s rules and procedures for Vizio’s on private gain,” Funai said. “By its own terms,” Vizio is seeking FCC action “to alter the expected outcome of the pending investigation by the International Trade Commission involving the ‘074 patent,” Funai said. In fact, the ITC Friday issued a final determination and remedy order finding that Vizio and others have infringed Funai’s DTV ‘074 patent. The decision upholds an administrative law judge’s ruling last November. In a statement late Friday, Vizio said it will be free to continue importing DTV sets under a 60-day presidential review period, during which it will “pursue all legal remedies.”