On April 17, 2014, ViXS Systems, Inc. of Canada and ViXS USA, Inc. of Austin, Texas (collectively, “ViXS”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Entropic Communications, Inc. of San Diego, California, DirecTV, LLC of El Segundo, California, Wistron Corp. of Taiwan, Wistron NeWeb Corp. of Taiwan, and Cybertan of Taiwan (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain set-top boxes, gateways, bridges and adapters and components thereof infringe one or more claims of U.S. Patent Nos. 7,301,900, 7,099,951, 7,200,855, and 7,406,598 (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to the structure and operation of multimedia devices such as set-top boxes, bridges, gateways, or adapters and integrated circuit components contained in such devices. In the complaint, ViXS states that the Proposed Respondents import and sell products that infringe the asserted patents.
Regarding domestic industry, ViXS states that such an industry exists as defined by 19 U.S.C. §§ 1337(a)(3)(A), (B), and (C) relating to significant investment in plant and equipment; significant employment of labor and capital; and substantial investment in the exploitation of the patents, including engineering and research and development of domestic industry products and components thereof.
As to related litigation, ViXS states that it is currently engaged in litigation against proposed respondent Entropic in the U.S. District Court for the Southern District of California based on patents different from the Asserted Patents. Also, ViXS alleges that the Asserted Patents are the subject of a parallel court proceeding filed in the U.S. District Court for the Southern District of California, filed the same day as this complaint.
With respect to potential remedy, ViXS requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents and others acting on their behalf.