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)

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, 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