ITC Institutes Enforcement Proceeding to Determine Violation of Limited Exclusion Order on Certain Digital Televisions
The International Trade Commission has instituted a formal enforcement proceeding to determine whether certain companies are in violation of the ITC's limited exclusion order and cease and desist orders on certain digital televisions and certain digital products containing the same and methods of using the same.
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(In April 2009, the ITC issued a limited exclusion order prohibiting the unlicensed entry of certain digital television products and certain products containing the same that infringe one or more of claims 1, 5, and 23 of U.S. Patent No. 6,115,074, and are manufactured abroad or imported by or on behalf of certain companies.
The ITC also issued cease and desist orders directed to five companies1 which prohibit the importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors for the excluded digital televisions and products containing same.)
Complainant Requested Enforcement Proceeding for Violation of Orders
On August 14, 2009, Funai Electric Co., Ltd. of Japan and Funai Corporation of Rutherford, New Jersey (collectively, Funai) filed a complaint seeking enforcement proceedings, alleging that the following companies have violated the limited exclusion order and/or the cease and desist orders issued at the conclusion of the original investigation:
Vizio Inc. of Irvine, California;
AmTran Technology 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;
Envision Peripherals, Inc. of Fremont, California;
Suzhou Raken Technology Ltd. of China; and
Top Victory Investments, Ltd. of Hong Kong.
(Funai's enforcement complaint also requested that the ITC seek temporary emergency action such that all respondents' Advanced Television Systems Committee (ATSC)-compliant digital televisions are presumed to infringe the 074 patent. The ITC denied this request because it does not have the information necessary to determine whether respondents are currently violating the subject orders.)
Having examined the complaint, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding, the ITC has determined to institute this proceeding to determine whether the respondents are in violation of the limited exclusion order and cease and desist orders issued in the investigation, and what, if any, enforcement measures are appropriate.
1Vizio, Syntax-Brillian Corporation, Proview Technology, TPV USA, and Envision.
(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 07/13/09 news, 09073130, for BP summary of the ITC's order denying certain respondents' motion to stay enforcement of the limited exclusion and cease and desist orders.)
ITC contact - Daniel Valencia (202) 205-1999
ITC notice (Inv. No. 337-TA-617, FR Pub 09/11/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-21901.pdf