By Eric Schweibenz
On April 10, 2009, the Commission issued a Notice of Commission Final Determination in Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same (Inv. No. 337-TA-617) affirming ALJ Charneski’s finding that Respondents Vizio, Inc., AmTran Technology Co., Ltd., Syntax-Brillian Corp., Taiwan Kolin Co., Ltd., Proview International Holdings, Ltd., Proview Technology (Shenzhen) Co., Ltd., Proview Technology, Ltd., TPV Technology, Ltd., TPV International, Top Victory Electronics Co., Ltd., and Envision Peripherals, Inc. (“Respondents”) violated section 337 as a result of infringement of U.S. Patent No. 6,115,074.

The investigation was instituted on November 15, 2007, based on the complaint of Funai Electric Co, Ltd. of Japan and Funai Corp. of Rutherford, NJ (“Funai”).  On November 17, 2008, ALJ Charneski determined that Respondents violated section 337 based on the importation, sale for importation, or sale after importation of certain digital televisions and certain products containing the same.  The ALJ found that all of the Respondents induce infringement of the ‘074 patent and that some of the respondents directly infringe the ‘074 patent.  Thereafter, on February 11, 2009, the Commission decided to review ALJ Charnseki’s infringement determination and requested written submissions on the issues under review, remedy, the public interest, and bonding.  On February 24, 2009, the parties filed opening submissions, and on March 3, 2009, the parties filed response submissions.

After examining the parties’ submissions and the record of the investigation, the Commission determined to affirm the ALJ’s conclusion that all Respondents induce infringement of the ‘074 patent but reverse his finding that certain Respondents directly infringe the ‘074 patent.

The Commission issued both a limited exclusion order and cease-and-desist orders against the Respondents.  It also found that the public interest factors do not preclude issuance of the remedial orders, and that the bond to permit temporary importation during Presidential review should be set at $2.50 per article subject to the limited exclusion order.

The Commission also issued a confidential opinion in this matter on April 10.  We will provide additional information once the public version of the Commission’s opinion is available.