[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Page 38229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18329]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-617]


In the Matter of Certain Digital Television Products and Certain 
Products Containing Same and Methods of Using Same; Order: Denial of 
Motion for a Stay of Exclusion Order and Cease and Desist Orders

    The Commission instituted this investigation on November 15, 2007, 
based on a complaint filed by Funai Electric Co., Ltd. of Japan and 
Funai Corporation of Rutherford, New Jersey (collectively ``Funai'') 
against several respondents including Vizio, Inc. of Irvine, California 
(``Vizio''); AmTran Technology Co., Ltd. of Taiwan (``AmTran''); 
Syntax-Brillian Corporation of Tempe, Arizona (``SBC''); Taiwan Kolin 
Co., Ltd. of Taiwan (``Taiwan Kolin''); Proview International Holdings, 
Ltd. of Hong Kong (``Proview International''); Proview Technology 
(Shenzhen) Co., Ltd. of China (``Proview Shenzhen''); Proview 
Technology, Ltd. of Garden Grove, California (``Proview Technology''); 
TPV Technology, Ltd. of Hong Kong (``TPV Technology''); TPV 
International (USA), Inc. of Austin, Texas (``TPV USA''); Top Victory 
Electronics (Taiwan) Co., Ltd. of Taiwan (``Top Victory''); and 
Envision Peripherals, Inc. of Fremont, California (``Envision''). 72 FR 
64240 (2007). The complaint alleges violations of Section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain digital television products 
and certain products containing same by reason of infringement of one 
or more claims of U.S. Patent Nos. 6,115,074 (``the '074 patent'') and 
5,329,369.
    On April 10, 2009, the Commission terminated this investigation 
with a finding of violation of Section 337 as to the '074 patent. The 
Commission determined that the appropriate form of relief is (1) a 
limited exclusion order under 19 U.S.C. 1337(d)(1) prohibiting the 
unlicensed entry of certain digital television products and certain 
products containing the same that infringe one or more of claims 1, 5, 
and 23 of the '074 patent, and are manufactured abroad by or on behalf 
of, or imported by or on behalf of, Vizio, AmTran, SBC, Taiwan Kolin, 
Proview International, Proview Shenzhen, Proview Technology, TPV 
Technology, TPV USA, Top Victory, and Envision; and (2) cease and 
desist orders directed to Vizio, SBC, Proview Technology, TPV USA, and 
Envision.
    On June 2, 2009, respondents Vizio, AmTran, TPV Technology, TPV 
USA, Top Victory, and Envision (collectively ``Respondents'') filed a 
motion to stay the limited exclusion and cease and desist orders 
pending appeal of the Commission's determination to the U.S. Court of 
Appeals for the Federal Circuit. Funai and the Commission investigative 
attorney (``IA'') filed responses opposing the motion on June 12, 2009. 
On June 18, 2009, Respondents filed a motion for leave to file a joint 
reply in support of their motion to stay. The IA filed an opposition to 
this motion on June 29, 2009.
    Upon consideration of this matter, the Commission hereby orders 
that:
    1. Respondents' motion to stay enforcement of the limited exclusion 
order and cease and desist orders pending appeal is denied.
    2. Respondents' motion for leave to file a joint reply in support 
of motion to stay enforcement of the limited exclusion order and cease 
and desist order pending appeal is denied.
    3. Notice of this Order and a Commission Opinion to be issued at a 
later date shall be served on the parties to this investigation.

    By order of the Commission.

    Issued: July 28, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-18329 Filed 7-30-09; 8:45 am]
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