Lochner Technologies and Pragmatus Telecom Dismissals Mark the 14th and 15th Notable VIZIO Victories Against NPEs

Irvine, CA – September 16, 2014 – VIZIO, Inc. announces its latest victories in its current string of successes in NPE cases.  

Without any payment or settlement, Lochner Technologies dismissed its patent case against VIZIO with prejudice.  “The Federal Circuit’s recent guidance regarding the proper claim construction for Lochner’s expired patent would have inevitably led the district court to exclude all of VIZIO’s accused products, precisely as VIZIO had asserted from the very beginning of this case,” said Jerry C. Huang, VIZIO Vice President of Legal Affairs.  

In the U.S. District Court for the District of Delaware, Pragmatus Telecom recently dismissed its patent case against VIZIO with prejudice after the court issued a favorable claim construction ruling that excluded VIZIO’s accused systems.  “As an owner of intellectual property rights, VIZIO respects such rights and their proper exercise including the taking of patent licenses where appropriate and just.  However, VIZIO also vigorously defends itself from meritless lawsuits that have no application to VIZIO products,” said Rob Brinkman, VIZIO Chief Administrative Officer.  In another recent patent troll case that was brought in the U.S. District Court of the Eastern District of Texas, Penovia LLC filed a dismissal with prejudice before VIZIO answered the complaint and without any payment by VIZIO.  

“VIZIO stands firmly against the abuse of the patent and judicial systems by patent trolls.  The latest developments further underscore the need for real, meaningful reforms in order to restore fairness to an area of law that unfortunately is too susceptible to such abuse,” stated Mr. Huang.  “In that regard, we believe the Federal Circuit will provide VIZIO appropriate relief in response to VIZIO’s currently-pending appeal for attorneys’ fees in the Oplus case, and we look forward to being an active participant in the continued process of restoring a fair and balanced playing field in the patent arena,” said Mr. Huang.

The Lochner and Pragmatus cases mark the fourteenth and fifteenth notable VIZIO victories against patent assertion entities; the wins are listed below in alphabetical order:

•    Advanced Display Tech. (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
•    Azure Networks (E.D. Tex.) – Dismissal for non-infringement.
•    Cyberfone Systems (D. Del.) – Dismissal with prejudice and $0 to plaintiff.
•    E-Contact Techs. (E.D. Tex.) – Dismissal with prejudice for $0 and plaintiff to pay costs.
•    Freeny (E.D. Tex.) – Pending motion to dismiss without settlement.
•    Lochner Techs. (C.D. Cal.) – Dismissal with prejudice and $0 to plaintiff.
•    Man Machine Interface Techs. (C.D. Cal.) - Dismissal with prejudice.
•    Nazomi Commc'ns (I) (N.D. Cal.) – Won summary judgment of non-infringement.
•    Nazomi Commc'ns (II) (N.D. Cal.) – Won summary judgment of non-infringement.
•    NPE case – Dismissal with prejudice and $0 to plaintiff.
•    Oplus Techs. (C.D. Cal.) – Won summary judgment of invalidity and non-infringement.
•    Patent Harbor (E.D. Tex.) – Won claim construction dispositive of non-infringement, stipulated judgment of non-infringement upheld on appeal.
•    Penovia (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
•    Pragmatus Telecom (D. Del.) – Dismissal with prejudice and $0 to plaintiff.
•    Walker Digital (ITC) – Withdrawal of ITC complaint by Walker Digital on the eve of the ITC hearing for $0.


VIZIO, Inc. is headquartered in Irvine, California. VIZIO skyrocketed to the #1 shipper of LCD television in North America in Q2 2007 1 , within five years from their first shipment, and has been in the top 3 ever since 2 . VIZIO is now also America’s #1 Smart TV company 5 and large size LCD TV company 3 . VIZIO is also the #1 Sound Bar Brand in the U.S 4 . For over a decade, VIZIO has remained committed to what it does best -- focus on the consumer to deliver visionary products at a great value. The brand is consistently recognized for excellence in customer service, and was awarded 19 Stevie Awards, including the Grand Stevie Award in the 8th Annual Stevie Awards for Sales & Customer Service. VIZIO offers a broad range of award winning consumer electronics that now include PCs and mobility products.  VIZIO's products are found at Amazon, Best Buy, BJ’s Wholesale, Costco Wholesale, Sam's Club, Target, Walmart and other retailers nationwide. VIZIO has won numerous awards including 2014 Editor’s Choice by Reviewed.com, “Best of CES 2014” by IGN, “Best of CES 2014” by PC Magazine and “Best of the Best 2014” by UltraHDTV Magazine for its Reference Series Ultra HD Full-Array LED Smart TV.  VIZIO’s P-Series Ultra HD Full-Array LED Smart TV also captured Reviewed.com’s 2014 Editor’s Choice award and was also recognized by The Verge as “Best TV of CES” for 2014 as well as awarded “Best of CES” by Complex and “Best of Show” by Wired for 2014.  VIZIO also earned #1 ranking in the Inc. 500 for Top Companies in Computers and Electronics and made the lists of Ad Age's Hottest Brands, CNET's Editor's Choice, CNET Best of CES 2011 - Television, CNET Best of CES 2013 – Home Theater and Audio, Sound & Vision’s Top Picks, Good Housekeeping's Best Big-Screens, PC World's Best Buy and Popular Mechanics Editor's Choice among many other prestigious honors.  For more information, please call 888-VIZIOCE or visit www.VIZIO.com .

1 NPD DisplaySearch Global TV Shipment and Forecast Report, North America LCD Shipments Q2 2007
2 NPD DisplaySearch Global TV Shipment and Forecast Report, North America LCD Shipments, Annual 2007-2013
3 The NPD Group / Retail Tracking Service, 60” and greater LCD units sold, Jan 2013 – Mar 2014
4 The NPD Group / Retail Tracking Service, units sold in the U.S., Jan 2011 – Dec 2013
5 The NPD Group / Weekly Tracking Service, Flat Panel TV units with Apps included, Dec 30 2012 – May 24 2014

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Jim Noyd
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