Commission Denies Motion to Stay Enforcement of Limited Exclusion and Cease and Desist Orders
The Commission denied a motion to stay enforcement of the limited exclusion order and cease and desist orders entered in Inv. No. 337-TA-617, In the Matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same. On June 2, 2009 Vizio and TPV Technology filed a motion to stay enforcement of the limited exclusion order and cease and desist orders entered by the Commission pending an outcome of an appeal to the Federal Circuit. The Commission found that the present motion did not satisfy the four-prong test established by the Commission for staying such orders. Instead the court found that Vizio and TPV Technologies failed to show: (1) that they are likely to prevail on the merits; (2) that irreparable harm would result absent a stay; (3) that a stay would not substantially harm other parties; and (4) that the public interest favors a stay. (PDF)
