VIZIO, INC. v. INTERNATIONAL TRADE COM'N

No. 2009-1386.

605 F.3d 1330 (2010)

VIZIO, INC. and Amtran Technology Co., Ltd., Appellants, and TPV Technology Ltd., TPV International (USA), Inc., Top Victory Electronics (Taiwan) Co., Ltd., and Envision Peripherals, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Funai Electric Co., Ltd. and Funai Corporation, Intervenors.

United States Court of Appeals, Federal Circuit.

May 26, 2010.


Attorney(s) appearing for the Case

Gregory A. Castanias, Jones Day, of Washington, DC, argued for all appellants. With him on the brief for Vizio, Inc., et al were Eric S. Namrow and Israel Sasha Mayergoyz, of Chicago, IL. On the brief for TPV Technology Ltd., et al were Mark A. Samuels and Brian M. Berliner, O'Melveny & Myers LLP, of Los Angeles, CA; and Jonathan D. Hacker, of Washington, DC.

Daniel E. Valencia, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were James M. Lyons, General Counsel, and Andrea C. Casson, Assistant General Counsel.

Karl J. Kramer, Morrison & Foerster LLP, of Palo Alto, CA, argued for intervenors. With him on the brief were G. Brian Busey and Teresa M. Summers, of Washington, DC; Harold J. McElhinny, of San Francisco, CA; and Mark W. Danis, of Chiyoda-ku, Tokyo, Japan.

Opinion for the court filed by Circuit Judge DYK. Opinion dissenting-in-part filed by Circuit Judge CLEVENGER.


DYK, Circuit Judge.

Vizio, Inc. and Amtran Technology Company, Ltd. (collectively, "Vizio"), and TPV Technology, Ltd., TPV International, Inc., Top Victory Electronics Company, Ltd., and Envision Peripherals, Inc. (collectively, "TPV") appeal from the final determination of the International Trade Commission ("Commission") that the importation and sale of certain digital television products violated section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §...

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