ITC Institutes Patent Investigation on Certain Vizio, Funai Video Displays, Including Flat Panel TVs
The International Trade Commission has instituted a section 337 patent-based investigation of certain video displays, components thereof, and products containing the same, pursuant to a complaint.
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The products at issue in this investigation are video displays, including flat-panel televisions.
Exclusion and Cease & Desist Orders Requested
The complaint, filed and later amended on behalf of LG Electronics, Inc., of Korea, alleges violations of section 337 of the Tariff Act of 1930 based on the importation into the U.S. and sale of certain video displays, components thereof, and products containing the same that infringe patents asserted by LG Electronics.
The amended complaint requests that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Funai Electric Company, Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
P&F USA, Inc., of Alpharetta, GA; and
Vizio, Inc., of Irvine, CA.
ALJ to Determine if Violation Occurred
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 - Jeffrey Hsu (202) 205-2579
ITC notice (Inv. No. 337-TA-687, to be published in FR Pub 09/16/09) available at http://www.federalregister.gov/OFRUpload/OFRData/2009-22332_PI.pdf
ITC press release (09-071, dated 09/11/09) available at http://www.usitc.gov/press_room/news_release/2009/er0911gg2.htm