• LG Files New 337 Complaint Regarding Certain Digital Televisions
  • September 20, 2010 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On September 15, 2010, LG Electronics, Inc. of South Korea (“LG”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

    The complaint alleges that Vizio, Inc. of Irvine, California (“Vizio”), AmTRAN Technology Co., Ltd. of Taiwan (“AmTRAN Tech”) and AmTRAN Logistics, Inc. of Irvine, California (“ALI”) (AmTRAN Tech and ALI collectively, “AmTRAN”) unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain digital televisions and components thereof that infringe U.S. Patent Nos. RE37,070 (the ‘070 patent), 6,785,906 (the ‘906 patent), and 6,598,233 (the ‘233 patent) (collectively, the “asserted patents”).

    According to the complaint, the asserted patents generally relate to signal processing in digital televisions.  In particular, the ‘070 patent relates to technology for sampling signals used in the circuitry for digital televisions, the ‘906 patent relates to technology used in digital televisions capable of processing internet content, and the ‘233 patent relates to technology used in channel switching.

    In the complaint, LG alleges that Vizio and AmTRAN import and sell digital televisions and components thereof that practice certain claims of the asserted patents.  In particular, the complaint cites Vizio’s SV422XVT digital television model -- manufactured by AmTRAN -- as a representative example of an infringing product.

    Regarding domestic industry, LG states that it sells digital televisions within the U.S. that practice at least one claim of each of the asserted patents.  LG cites to its plant facilities and equipment in the U.S. dedicated to the service and engineering of products covered by the asserted patents, including facilities in Huntsville, Alabama and Rancho Cucamonga, California.  LG further states that it employs a significant number of employees in these facilities that devote substantial man-hours towards product support, testing and quality management, and warranty and repair services for products covered by the asserted patents.

    As to related litigation, LG states that contemporaneously with the filing of the instant ITC complaint, LG also filed suit in the U.S. District Court for the Eastern District of Texas asserting that Vizio and AmTRAN infringe the ‘070, ‘906, and ‘233 patents.

    With respect to potential remedy, LG requests that the Commission issue a permanent exclusion order and permanent cease-and-desist orders directed at Vizio and AmTRAN.