Today the United States Customs and Border Protection agency ("Customs") issued a ruling in agreement with VIZIO that all current models of VIZIO televisions do not infringe U.S. Patent No. 6,115,074 ('074) held by Funai Electric Company, enabling VIZIO to continue importing America's fastest selling line of televisions without interruption. VIZIO is the number one selling brand of flat panel HDTVs in the U.S. and distributes flat panel televisions through major retail partners. "We believe that this ruling, along with the U.S. Patent and Trademark Office's Final Rejection of Funai's '074 patent, will allow us to successfully bring this issue to a close," stated Rob Brinkman, Vice President of Operations and Administration.
"Today's Customs ruling is yet another major step forward for VIZIO, our supply partners, our retail customers, and most importantly the American consumers who have shown they prefer VIZIO HDTVs over other brands," said Laynie Newsome, Co-Founder & Vice President of Sales and Marketing Communications. "We are pleased that Funai's ill-advised tactics continue to falter and are being rejected by the U.S. authorities; we are determined and remain unshaken by merit-less claims from foreign competitors."
On March 13, 2009 The U.S. Patent and Trademark Office ("USPTO") issued a Final Rejection of U.S. Patent '074, the patent that Funai has claimed is infringed. Additionally, VIZIO has filed separate anti-trust and patent infringement claims against Funai for unlawfully and unfairly discriminating against VIZIO in the licensing and enforcement of the '074 patent.
"As an intellectual property rights owner, VIZIO respects such rights and expects others to do the same. We have various licensing arrangements in place in connection with legitimate IP rights; however, it is not the case with the present dispute. We firmly believe that the Federal Circuit will fully vindicate VIZIO's non-infringement position on appeal. In light of Funai's abusive actions, which were apparently anti-competitive in nature, designed to tortuously harm VIZIO's interests, we shall fully defend against any such claims and seek all appropriate remedies. In addition to recovering damages for such wanton behaviors, we shall hold the accused patent infringers, like Funai, accountable to the fullest extent of the law," stated Ms. Newsome.
