VIZIO responds to President Obama’s decision not to overrule ITC Orders

June 9, 2009

VIZIO responds to President Obama’s decision not to overrule ITC Orders

Irvine, CA. -- June 9, 2009 -- VIZIO, America's Largest Shipper of Flat Panel HDTVs, responds today to President Obama’s decision not to overrule the ITC Orders, which determined that certain claims of U.S. Patent No. 6,115,074 (the "‘074 patent") were valid and that certain now obsolete VIZIO television products, no longer shipping and no longer in production, contained a feature that infringe those claims. VIZIO believes that the claims of infringement are meritless because the U.S. Patent and Trademark Office (the "PTO") has issued a Final Rejection order relating to the '074 patent.

“We at VIZIO deeply respect the rights of intellectual property upheld by the PTO, which does not apply to this claim. Unfortunately, we are not immune to frivolous lawsuits and we reserve the right to defend ourselves of meritless claims at all times. The products involved with this particular claim are obsolete, and no longer in mass production. Therefore we believe this action will not impact our ability to conduct our business in normal fashion,” stated Laynie Newsome, Vice President of Sales and Marketing Communications.

VIZIO intends to move aggressively on all possible avenues to protect its rights. On June 10, 2009, Vizio will appeal the ITC’s determination to the United States Court of Appeals for the Federal Circuit, and Vizio believes the Company’s position will be vindicated on appeal. In addition, on June 10, 2009, VIZIO will seek emergency relief from the Federal Circuit to stay the enforcement of the ITC’s Exclusion Order pending appeal. VIZIO has also presented its non-infringing technical solution to U.S. Customs and Border Protection. “We at VIZIO are working with all appropriate U.S. government offices and departments to resolve this matter as quickly as possible,” stated Rob Brinkman, Vice President of Operations and Administration.

In a separate lawsuit filed by VIZIO, it is alleged that Funai has violated the federal Sherman Antitrust Act, the Clayton Act, and numerous provisions of California's unfair competition and antitrust law by unlawfully and unfairly discriminated against VIZIO in the licensing and enforcement of the '074 patent, to the detriment of trade and commerce. Funai sought to delay the timely adjudication of these claims and recently a presiding district court judge denied Funai's motion. Instead, the judge ruled that VIZIO's antitrust claims should move forward without delay.

VIZIO now produces and distributes televisions designed with a non-infringing technical solution, which excludes the allegedly infringing feature from the chipsets in its television products.

Since the ITC’s limited exclusion order applies only to chipsets that contain the allegedly infringing feature, VIZIO believes their customers will continue to receive a continued supply of VIZIO’s television products.

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

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.


Source: VIZIO, Inc.

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