80 FR 54592 - Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Notice of Commission Determination To Review the Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 175 (September 10, 2015)

Page Range		54592-54593
FR Document		2015-22735

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation on July 2, 2015. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the public interest, and bonding.

Federal Register, Volume 80 Issue 175 (Thursday, September 10, 2015)

[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54592-54593]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-22735]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-921]

Certain Marine Sonar Imaging Devices, Including Downscan and
Sidescan Devices, Products Containing the Same, and Components Thereof;
Notice of Commission Determination To Review the Final Initial
Determination in Part; Schedule for Filing Written Submissions on the
Issues Under Review and on Remedy, Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') in the above-captioned investigation on July 2, 2015. The
Commission requests certain briefing from the parties on the issues
under review, as indicated in this notice. The Commission also requests
briefing from the parties and interested persons on the issues of
remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3438. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on July 14, 2014, based on a complaint filed by Navico, Inc. of Tulsa,
Oklahoma, and Navico Holding AS, of Egersund, Norway (collectively,
``Navico''). 79 Fed. Reg. 40778 (July 14, 2014). The complaint alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, by reason of the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain marine sonar imaging devices, including downscan
and sidescan devices, products containing the same, and components
thereof. Id. The complaint alleged the infringement of certain claims
of U.S. Patent Nos. 8,305,840 (``the '840 patent''), 8,300,499 (``the
'499 patent''), and 8,605,550 (``the '550 patent''). Id. The notice of
investigation named Garmin International, Inc. and Garmin USA, Inc.,
each of Olathe, Kansas, Garmin (Asia) Corporation of New Taipei City,
Taiwan (collectively, ``Garmin''), and Garmin North America, Inc. as
respondents. Id. The Office of Unfair Import Investigations (``OUII'')
was also named as a party. Id. The Commission later terminated the
investigation as to Garmin North America, Inc. and various of the
asserted claims. Notice (Dec. 31, 2014) (determining not to review
Order No. 10 (Dec. 2, 2014)); Notice (Jan. 9, 2015) (determining not to
review Order No. 11 (Dec. 11, 2014)); Notice (Jan. 13, 2015)
(determining not to review Order No. 13 (Dec. 17, 2014)).
On July 2, 2015, the ALJ issued a final ID finding no violation of
section 337 with respect to all three asserted patents. Specifically,
the ALJ found that the asserted claims of each patent are not infringed
and were not shown to be invalid for anticipation or obviousness. The
ALJ found that the economic prong of the domestic industry requirement
was not satisfied with respect to the '550 patent. The ALJ also issued
a Recommended Determination on Remedy and Bonding (``RD''),
recommending, if the Commission finds a section 337 violation, that a
limited exclusion order and a cease and desist order should issue and
that a bond should be imposed at a reasonable royalty of eight percent
for each infringing device imported during the period of presidential
review.
On July 20, 2015, Navico, Garmin, and OUII timely filed petitions
for review challenging various findings in the final ID. On July 28,
2015, the parties filed responses. On August 5, 2015, Navico and Garmin
filed a post-RD statement on the public interest under Commission Rule
210.50(a)(4). The Commission did not receive any post-RD public
interest comments from the public. See 80 FR 39799 (July 10, 2015).
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ALJ's determination of no violation in part.
Specifically, the Commission has determined to review (1) the ALJ's
construction of the limitation ``single linear downscan transducer
element'' recited in claims 1 and 23 of the '840 patent (and its
variants in the '499 and '550 patents); (2) the ALJ's construction of
the limitation ``combine'' (and its variants) recited in claims 1, 24,
and 43 of the '499 patent; (3) the ALJ's findings of noninfringement
with respect to the three asserted patents; (4) the ALJ's findings of
validity with respect to the three asserted patents; and (5) the ALJ's
finding regarding the economic prong of the domestic industry
requirement with respect to the '550 patent.
The Commission has determined not to review the remaining issues
decided in the final ID.
The parties are requested to brief their positions on the issues
under review

[[Page 54593]]

with reference to the applicable law and the existing evidentiary
record. In connection with its review, the Commission requests
responses to the following questions only.
1. Discuss whether the limitation ``single linear downscan
transducer element'' as recited in claims 1 and 23 of the '840 patent
(and its variants in the '499 and '550 patents) should be construed as
``a single downwardly pointed transducer that is formed from a single
element or a plurality of elements that act together as if they were a
single element.'' Discuss whether the phrase ``act together'' in this
construction means act simultaneously or in phase. If the variants of
the limitation ``single linear downscan transducer element'' in the
'499 and '550 patents should be construed differently, please explain
any such differences.
2. Applying the construction in Question No. 1, discuss whether the
accused products satisfy the limitation ``single linear downscan
transducer element.''
3. Applying the construction in Question No. 1, discuss whether the
prior art anticipates or renders obvious the asserted claims with
respect to the limitation ``single linear downscan transducer
element.''
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994)
(Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 Fed. Reg. 43251 (July 26, 2005). During this period,
the subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on all of the issues identified in this
notice. Parties to the investigation, interested government agencies,
and any other interested parties are encouraged to file written
submissions on the issues of remedy, the public interest, and bonding.
Such submissions should address the recommended determination by the
ALJ on remedy and bonding. Complainant Navico is also requested to
submit proposed remedial orders for the Commission's consideration.
Navico is also requested to state the date that the asserted patent
expires and the HTSUS numbers under which the accused products are
imported, and provide identification information for all known
importers of the subject articles. Initial written submissions and
proposed remedial orders must be filed no later than close of business
on Monday, September 14, 2015. Initial written submissions by the
parties shall be no more than 40 pages, excluding any attachments or
exhibits related to discussion of the public interest. Reply
submissions must be filed no later than the close of business on
Monday, September 21, 2015. Reply submissions by the parties shall be
no more than 20 pages, excluding any exhibits. No further submissions
on these issues will be permitted unless otherwise ordered by the
Commission. Persons filing written submissions must file the original
document electronically on or before the deadlines stated above and
submit 8 true paper copies to the Office of the Secretary by noon the
next day pursuant to section 210.4(f) of the Commission's Rules of
Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to
the investigation number (``Inv. No. 337-TA-921'') in a prominent place
on the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions
regarding filing should contact the Secretary at (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. A
redacted non-confidential version of the document must also be filed
simultaneously with the any confidential filing. All nonconfidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).

By order of the Commission.

Issued: September 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-22735 Filed 9-9-15; 8:45 am]
BILLING CODE 7020-02-P

54592 Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices

identified by means of brackets. All (‘‘ID’’) issued by the presiding America, Inc. and various of the
written submissions, except for administrative law judge (‘‘ALJ’’) in the asserted claims. Notice (Dec. 31, 2014)
confidential business information, will above-captioned investigation on July 2, (determining not to review Order No. 10
be made available for inspection by 2015. The Commission requests certain (Dec. 2, 2014)); Notice (Jan. 9, 2015)
interested parties. briefing from the parties on the issues (determining not to review Order No. 11
The Committee has asked that the under review, as indicated in this (Dec. 11, 2014)); Notice (Jan. 13, 2015)
Commission’s report not contain any notice. The Commission also requests (determining not to review Order No. 13
confidential business information. Any briefing from the parties and interested (Dec. 17, 2014)).
confidential business information persons on the issues of remedy, the On July 2, 2015, the ALJ issued a final
received by the Commission in this public interest, and bonding. ID finding no violation of section 337
investigation and used in preparing this FOR FURTHER INFORMATION CONTACT: with respect to all three asserted
report will not be published in a manner Lucy Grace D. Noyola, Office of the patents. Specifically, the ALJ found that
that would reveal the operations of the General Counsel, U.S. International the asserted claims of each patent are
firm supplying the information. Trade Commission, 500 E Street SW., not infringed and were not shown to be
Summaries of Written Submissions: Washington, DC 20436, telephone (202) invalid for anticipation or obviousness.
The Commission intends to publish 205–3438. Copies of non-confidential The ALJ found that the economic prong
summaries of the positions of interested documents filed in connection with this of the domestic industry requirement
persons in an appendix to its report. investigation are or will be available for was not satisfied with respect to the
Persons wishing to have a summary of inspection during official business ’550 patent. The ALJ also issued a
their position included in the appendix hours (8:45 a.m. to 5:15 p.m.) in the Recommended Determination on
should include a summary with their Office of the Secretary, U.S. Remedy and Bonding (‘‘RD’’),
written submission. The summary may International Trade Commission, 500 E recommending, if the Commission finds
not exceed 500 words, should be in Street SW., Washington, DC 20436, a section 337 violation, that a limited
MSWord format or a format that can be telephone (202) 205–2000. General exclusion order and a cease and desist
easily converted to MSWord, and information concerning the Commission order should issue and that a bond
should not include any confidential may also be obtained by accessing its should be imposed at a reasonable
business information. The summary will Internet server (http://www.usitc.gov). royalty of eight percent for each
be published as provided if it meets The public record for this investigation infringing device imported during the
these requirements and is germane to may be viewed on the Commission’s period of presidential review.
the subject matter of the investigation. On July 20, 2015, Navico, Garmin,
electronic docket (EDIS) at http://
In the appendix the Commission will and OUII timely filed petitions for
edis.usitc.gov. Hearing-impaired
identify the name of the organization review challenging various findings in
persons are advised that information on
furnishing the summary, and will the final ID. On July 28, 2015, the
this matter can be obtained by parties filed responses. On August 5,
include a link to the Commission’s contacting the Commission’s TDD
Electronic Document Information 2015, Navico and Garmin filed a post-
terminal on (202) 205–1810. RD statement on the public interest
System (EDIS) where the full written SUPPLEMENTARY INFORMATION: The
submission can be found. under Commission Rule 210.50(a)(4).
Commission instituted this investigation The Commission did not receive any
By order of the Commission. on July 14, 2014, based on a complaint post-RD public interest comments from
Issued: September 3, 2015. filed by Navico, Inc. of Tulsa, the public. See 80 FR 39799 (July 10,
Lisa R. Barton, Oklahoma, and Navico Holding AS, of 2015).
Secretary to the Commission. Egersund, Norway (collectively, Having examined the record of this
[FR Doc. 2015–22697 Filed 9–9–15; 8:45 am]
‘‘Navico’’). 79 Fed. Reg. 40778 (July 14, investigation, including the ID, the
2014). The complaint alleged violations petitions for review, and the responses
BILLING CODE 7020–02–P
of section 337 of the Tariff Act of 1930, thereto, the Commission has determined
as amended, 19 U.S.C. 1337, by reason to review the ALJ’s determination of no
INTERNATIONAL TRADE of the importation into the United violation in part. Specifically, the
COMMISSION States, the sale for importation, and the Commission has determined to review
sale within the United States after (1) the ALJ’s construction of the
[Investigation No. 337–TA–921] importation of certain marine sonar limitation ‘‘single linear downscan
imaging devices, including downscan transducer element’’ recited in claims 1
Certain Marine Sonar Imaging Devices, and sidescan devices, products
Including Downscan and Sidescan and 23 of the ’840 patent (and its
containing the same, and components variants in the ’499 and ’550 patents);
Devices, Products Containing the thereof. Id. The complaint alleged the
Same, and Components Thereof; (2) the ALJ’s construction of the
infringement of certain claims of U.S. limitation ‘‘combine’’ (and its variants)
Notice of Commission Determination Patent Nos. 8,305,840 (‘‘the ’840
To Review the Final Initial recited in claims 1, 24, and 43 of the
patent’’), 8,300,499 (‘‘the ’499 patent’’), ’499 patent; (3) the ALJ’s findings of
Determination in Part; Schedule for and 8,605,550 (‘‘the ’550 patent’’). Id.
Filing Written Submissions on the noninfringement with respect to the
The notice of investigation named three asserted patents; (4) the ALJ’s
Issues Under Review and on Remedy, Garmin International, Inc. and Garmin
Public Interest, and Bonding findings of validity with respect to the
USA, Inc., each of Olathe, Kansas, three asserted patents; and (5) the ALJ’s
mstockstill on DSK4VPTVN1PROD with NOTICES

AGENCY: U.S. International Trade Garmin (Asia) Corporation of New finding regarding the economic prong of
Commission. Taipei City, Taiwan (collectively, the domestic industry requirement with
ACTION: Notice. ‘‘Garmin’’), and Garmin North America, respect to the ’550 patent.
Inc. as respondents. Id. The Office of The Commission has determined not
SUMMARY: Notice is hereby given that Unfair Import Investigations (‘‘OUII’’) to review the remaining issues decided
the U.S. International Trade was also named as a party. Id. The in the final ID.
Commission has determined to review- Commission later terminated the The parties are requested to brief their
in-part the final initial determination investigation as to Garmin North positions on the issues under review

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Document Created: 2015-12-15 10:04:26
Document Modified: 2015-12-15 10:04:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3438. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation		80 FR 54592