Sharp’s LCD Display Patent Claims ‘Invalid and Unenforceable,’ Vizio Tells ITC
Vizio denies allegations in Sharp’s April 21 complaint at the International Trade Commission that it “engaged in unfair competition” or is guilty of Tariff Act Section 337 violations, said Vizio's response (login required) posted Wednesday in docket 337-TA-1201. Commissioners voted May 20 to open a Section 337 investigation into Sharp’s allegations that Vizio conspired with its panel maker Xianyang CaiHong Optoelectronics and TV set assembler TPV to infringe five Sharp LCD display patents (see 2005210041).
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Sharp’s patent claims are “invalid or unenforceable and cannot support any contention for alleged infringement,” said Vizio. On the import ban the complaint seeks against Vizio TVs, Vizio denies Sharp is “entitled to any relief as a result of this Investigation and avers that the public interest does not support such relief,” it said. Sharp didn’t comment Wednesday.
The discovery phase of the investigation has just started, said Vizio, and it hasn’t had “sufficient time and opportunity to collect and review all the information that may be relevant to the matters and issues raised herein.”
Sharp hasn’t met its “burden of proof to show infringement” of the five LCD patents, said Vizio. It denies infringement of the patents, “either literally or under the doctrine of equivalents,” it said. It also denies it “contributed to infringement by others” or “induce[d]” others to infringe, it said. Sharp’s patent claims are invalid under “judicially created doctrines of invalidity including, but not limited to, obviousness-type double patenting,” it said.
Vizio is working to obtain “relevant prior art, including through discovery, which is in its early stages at this time,” said the vendor. It will then make additional “invalidity allegations,” it said. The set maker hasn’t “committed any unfair acts,” nor has it manufactured, imported or sold any product “that is covered by any valid and enforceable claim,” it said. It asked the ITC to dismiss the complaint.