Vizio ordered to stop importing all TVs? Update: Stayed

[bobukcat]

Update (tom): Appellate court has stayed the prohibition for the moment.

It seems weird that this didn't get more press if they are really being forced to stop importing all TVs, especially since they held the #1 spot in the most recent market share numbers I've seen released.

http://www.hdguru.com/

[Tom Robertson]

Here is the Vizio press release: VIZIO responds to President Obama’s decision not to overrule ITC Orders

Irvine, CA. -- June 9, 2009 -- VIZIO, America's Largest Shipper of Flat Panel HDTVs, responds today to President Obama’s decision not to overrule the ITC Orders, which determined that certain claims of U.S. Patent No. 6,115,074 (the "‘074 patent") were valid and that certain now obsolete VIZIO television products, no longer shipping and no longer in production, contained a feature that infringe those claims. VIZIO believes that the claims of infringement are meritless because the U.S. Patent and Trademark Office (the "PTO") has issued a Final Rejection order relating to the '074 patent.

“We at VIZIO deeply respect the rights of intellectual property upheld by the PTO, which does not apply to this claim. Unfortunately, we are not immune to frivolous lawsuits and we reserve the right to defend ourselves of meritless claims at all times. The products involved with this particular claim are obsolete, and no longer in mass production. Therefore we believe this action will not impact our ability to conduct our business in normal fashion,” stated Laynie Newsome, Vice President of Sales and Marketing Communications.

VIZIO intends to move aggressively on all possible avenues to protect its rights. On June 10, 2009, Vizio will appeal the ITC’s determination to the United States Court of Appeals for the Federal Circuit, and Vizio believes the Company’s position will be vindicated on appeal. In addition, on June 10, 2009, VIZIO will seek emergency relief from the Federal Circuit to stay the enforcement of the ITC’s Exclusion Order pending appeal. VIZIO has also presented its non-infringing technical solution to U.S. Customs and Border Protection. “We at VIZIO are working with all appropriate U.S. government offices and departments to resolve this matter as quickly as possible,” stated Rob Brinkman, Vice President of Operations and Administration.

In a separate lawsuit filed by VIZIO, it is alleged that Funai has violated the federal Sherman Antitrust Act, the Clayton Act, and numerous provisions of California's unfair competition and antitrust law by unlawfully and unfairly discriminated against VIZIO in the licensing and enforcement of the '074 patent, to the detriment of trade and commerce. Funai sought to delay the timely adjudication of these claims and recently a presiding district court judge denied Funai's motion. Instead, the judge ruled that VIZIO's antitrust claims should move forward without delay.

VIZIO now produces and distributes televisions designed with a non-infringing technical solution, which excludes the allegedly infringing feature from the chipsets in its television products.

Since the ITC’s limited exclusion order applies only to chipsets that contain the allegedly infringing feature, VIZIO believes their customers will continue to receive a continued supply of VIZIO’s television products.

Cheers,
Tom

[bobukcat]

And just like that, the order to stop importation has been stayed....


http://hdguru.com/us-ban-on-vizio-hdtvs-lifted/439/