ITC Rescinds Exclusion Order on Certain Digital TVs for Another 4 Firms
The International Trade Commission has determined to rescind the limited exclusion order against TPV Technology, Ltd.; TPV International (USA), Inc.; Top Victory Electronics (Taiwan) Co., Ltd.; and Envision Peripherals, Inc. (the TPV respondents), and the cease and desist order issued against TPV USA and Envision, in its patent-based investigation of certain digital televisions and certain digital products containing the same and methods of using the same (337-TA-617).
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(The ITC previously rescinded this limited exclusion order for Vizio, Inc. and AmTran Technology Co., Ltd. and a cease and desist order issued against Vizio. See ITT's Online Archives or 08/13/10 news, 10081316, for BP summary.)
ITC Rescinds Order for TPV Respondents Pursuant to Settlement
In May 2011, complainants Funai Electric Co., Ltd. and Funai Corporation, and the TPV respondents filed a joint petition to rescind the orders as to the TPV respondents on the basis of a settlement agreement between the parties. 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 the TPV respondents and the cease and desist orders issued against TPV USA and Envision 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, the TPV respondents 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 cease and desist orders prohibiting TPV USA and Envision, 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; and Proview Technology, Ltd. of Garden Grove, California, to which the order still applies.
2Cease and desist orders were also issued against 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 12/27/10 news, 10122712, for BP summary of the ITC’s modification of the limited exclusion and cease and desist orders in this case to reverse certain findings of infringement by “work-around” products.)
ITC contact - Daniel Valencia (202) 205-1999
(FR Pub 07/18/11, Inv. No. 337-TA-617)