U.S. Court of Appeals Rules in Favor of VIZIO's Motion to Stay the ITC Exclusion Order

June 23, 2009


U.S. Court of Appeals Rules in Favor of VIZIO's Motion to Stay the ITC Exclusion Order

-Remains confident that Federal Circuit will reverse ITC determination

Irvine, CA -- On June 10, 2009, the United States Court of Appeals for the Federal Circuit granted VIZIO's motion for emergency relief to stay the enforcement of Orders of the United States International Trade Commission ("ITC") while the Federal Circuit considers VIZIO's request for temporary stay of the same during its appeal process.

"This is a significant first step in the appellate review process. We are confident that the Federal Circuit will reverse the ITC's earlier determination and vindicate VIZIO's position in light of the recent final rejection of the '074 patent by the U.S. Patent and Trademark Office. The court's action today serves as yet another affirmation that business is to be conducted as usual despite abusive and anti-competitive behavior from competitors," stated Laynie Newsome, Vice President of Sales and Marketing Communications.

The ITC earlier determined that certain claims of U.S. Patent No. 6,115,074 ('074) were valid and that certain VIZIO television products contained chipsets having a feature that caused the chipsets to infringe those claims. VIZIO believes that the claims of infringement leveled against it are meritless; indeed, the U.S. Patent and Trademark Office has issued a Final Rejection on reexamination of Funai's '074 patent that has concluded that Funai's patent claims are invalid.

VIZIO, Inc., "Where Vision Meets Value," headquartered in Irvine, California, is America’s HDTV Company and Consumer Electronics 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. Since 2007 VIZIO HDTVs shipments remain in the TOP ranks in the U.S. and are again #1 in Q1, 2009 with over 20% market share. 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, Target, 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 and PC World's Best Buy among others. For more information, please call 888-VIZIOCE or visit on the web at www.VIZIO.com.

The V, VIZIO, XVT, TruLED, 240Hz SPS, Thin Line, Smooth Motion, JAVA, 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.

US Court of Appeals for the Federal Circuit: Case #2009-1386


Source: VIZIO, Inc.

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