29
Jul
By Eric Schweibenz
On July 28, 2009, the International Trade Commission issued a Notice denying Respondents Vizio, Inc., AmTran Technology Co., Ltd., TPV Technology, Ltd., TPV International (USA), Inc., Top Victory Electronics (Taiwan) Co., Ltd., and Envision Peripherals, Inc.’s (collectively, “Respondents”) joint motion to stay enforcement of a limited exclusion order (“LEO”) and cease and desist orders (“C&D Orders”) in Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same (Inv. No. 337-TA-617).

By way of background, on April 10, 2009, the Commission terminated this investigation with a finding of violation of section 337 by reason of infringement of claims 1, 5, and 23 of U.S. Patent No. 6,115,074.  See our April 14 and May 5 posts for more information.  In connection with its Final Determination, the Commission issued an LEO against the Respondents, and C&D Orders directed to Vizio, TPV USA, and Envision, among others.

On June 2, 2009, Respondents filed a joint motion to stay the LEO and C&D Orders pending appeal of the Commission’s determination to the Federal Circuit.  Complainants Funai Electric Co., Ltd. and Funai Corporation and the Commission Investigative Attorney opposed Respondents’ joint motion.

According to the Notice, the “Commission has determined to deny Respondents’ motion for a stay pending appeal of the remedial orders.”