V-Chip Patentee Sues Retailer

Tri-Vision International, Canadian patent holder for the V-chip parental control technology, has brought suit in the Federal Court of Canada against retailers Best Buy Co Inc, Best Buy Canada and The Brick for infringement of this technology. The V-chip allows parents to selectively block video signals based on a rating signal included with the video feed. The technology is the subject of Canadian Patent 2,179,474 and related United States Patent 5,828,402. The patented technology was installed in Prima brand television sets manufactured in China by Xiamen Overseas Chinese Electronic Co, Ltd (Xoceco) and sold in North America by the defendant retailers. In the litigation, the plaintiff patentee has applied for an injunction, not against the foreign-based manufacturer, but against the defendant retailers with the object of banning further sales or export of the television sets, and seeking damages in relation to past sales. A Canadian patentee has "the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used". In principle, anyone in the distribution chain from the manufacturer, importer or exporter of the infringing device to the end user, including any intermediary, may be found liable for infringement if the claims are held to be valid. To infringe a Canadian patent, some aspect of the infringing activity must take place in Canada. For the Tri-Vision news release, see: http://makeashorterlink.com/?J17F2163B For the Canadian patent, visit: http://patents1.ic.gc.ca/details?patent_number=+2179474+&language=EN For the New York Times article, "Best Buy Is Named In Lawsuit Over Patents", see: http://www.nytimes.com/2005/05/23/technology/23chip.html Summary by: Nicholas J. Whalen