VIZIO Comments on Pending Litigation: Certain Patent Claims By Funai Electric
Co. Initially Found to Be Invalid, While the U.S. Patent and Trademark Office
Has Initially Found All the Claims to Be Invalid
IRVINE, Calif., Nov. 19 /PRNewswire/ -- VIZIO, Inc. announced today that
an Administrative Law Judge in the International Trade Commission issued an
Initial Determination on Monday, November 17, 2008 with respect to the patent
infringement suit it is defending against Funai Electric Co. Funai's
complaint had accused multiple HDTV manufacturers including VIZIO of
infringing 27 claims in two United States Patents (Nos. 5,329,369 and No.
6,115,074). Of the 27 claims, Funai Electric Co. has, since filing,
voluntarily withdrawn 19 of the claims.
(Logo: http://www.newscom.com/cgi-bin/prnh/20060307/LATU014LOGO-b)
In the Initial Determination, and consistent with VIZIO's position, the
Administrative Law Judge found all 5 asserted claims of the '369 patent to be
invalid. "We are pleased that the Administrative Law Judge found the asserted
claims of the '369 patent to be invalid" stated Robert J. Ranucci, VIZIO's VP
General Counsel.
With respect to the '074 patent, 3 of the asserted claims of the '074
patent were found to be infringed and not invalid. However, in a related
matter, the U.S. Patent and Trademark Office recently issued a preliminary
"Office Action" that found all of the claims in the '074 patent to be invalid.
"Based in part on the recent Office Action from the U.S. Patent and Trademark
Office, we plan to petition the Commission to review the initial decision on
the '074 patent, and we are considering taking other appropriate measures. The
Initial Determination by the Administrative Law Judge is preliminary, it is
not final, and we believe that upon review, the Commission should find the
'074 patent to be invalid and should find that the VIZIO models at issue in
this investigation do not infringe the asserted claims of the '074 patent,"
added Robert J. Ranucci, VIZIO's VP General Counsel.
The Initial Determination will not result in monetary damages against
VIZIO, since monetary damages are not available in an ITC investigation.
"We are pleased that the majority of the claims have been either withdrawn
or deemed invalid. It is VIZIO's policy to respect the rights of intellectual
property, thoroughly investigate all claims, and vigorously defend our legal
rights when we feel a claim is invalid or not infringed. Unfortunately, we
are not immune to lawsuits and we will defend as appropriate at all times,"
stated Laynie Newsome, VIZIO Co-Founder, VP Sales and Marketing
Communications.
About VIZIO
VIZIO, Inc. "Where Vision Meets Value," headquartered in Irvine,
California, is America's HDTV Company. In 2007, VIZIO skyrocketed to the top
by becoming the #1 selling brand of flat panel HDTVs in North America and
became the first American brand in over a decade to lead major categories in
U.S. TV sales. VIZIO is committed to bringing feature-rich flat panel
televisions to market at a value through practical innovation. VIZIO offers a
broad range of award winning Plasma and LCD HDTVs including the new XVT
series. VIZIO's products are found at Costco Wholesale, Sam's Club, Sears,
Walmart, BJ's Wholesale, and other retailers nationwide along with authorized
online partners. VIZIO has won numerous awards including a #1 ranking in the
Inc. 500 for Top Companies in Computers and Electronics, Good Housekeeping's
Best Big-Screens, CNET's Top 10 Holiday Gifts, PC World's Best Buy among
others. For more information, please call 888-VIZIOCE or visit on the web at
http://www.VIZIO.com.
The V, VIZIO, Where Vision Meets Value names, phrase and symbols are
trademarks or registered trademarks of VIZIO, Inc. All other trademarks may be
the property of their respective holders.
SOURCE VIZIO, Inc.
Jim Noyd of Noyd Communications Inc., +1-310-951-3768, jim.noyd@noydcom.com,
for VIZIO, Inc.
