Commission Modifies a Limited Exclusion Order and Cease and Desist Orders

On December 21, 2010, the Commission determined to modify a limited exclusion order and cease-and-desist orders issued in Inv. No. 337-TA-617, Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same, following the decision of the United States Court of Appeals for the Federal Circuit in Vizio, Inc. v. U.S. International Trade Commission, 605 F.3d 1330 (Fed. Cir. 2010). The complainant is Funai Electric Co., Ltd., and the affected respondents are TPV International, Inc. and Envision Peripherals, Inc. With respect to those respondents, the Federal Circuit had reversed certain Commission findings of infringement by so-called “work-around” products and ordered the Commission to take action consistent with that opinion. The Commission thus modified the previously-issued limited exclusion order and cease-and-desist orders according.