80 FR 55872 - Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Commission Determination to Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 180 (September 17, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on July 13, 2015, finding a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), as to certain asserted patent claims in this investigation.

[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55872-55874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23329]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-926]


Certain Marine Sonar Imaging Systems, Products Containing the 
Same, and Components Thereof; Commission Determination to Review a 
Final Initial Determination Finding a Violation of Section 337; 
Schedule for Filing Written Submissions on the Issues Under Review and 
on Remedy, the Public Interest and Bonding

AGENCY: U.S. International Trade Commission.

[[Page 55873]]


ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
July 13, 2015, finding a violation of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337), as to certain asserted patent claims 
in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3042. 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 August 21, 2014, based on a complaint filed by Johnson Outdoors lnc. 
of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of 
Eufaula, Alabama (collectively, ``Johnson Outdoors''). 79 FR 49536 
(Aug. 21, 2014). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain marine sonar imaging 
systems, products containing the same, and components thereof by reason 
of infringement of one or more of claims 1, 2, 17, 25, 26, 31, 32, 35, 
36, 41-43, 53, and 56 of U.S. Patent No. 7,652,952 (``the '952 
patent''); claims 1, 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S. Patent 
No. 7,710,825 (``the '825 patent''); and claims 14, 18, 21-23, 25, and 
33 of U.S. Patent No. 7,755,974 (``the '974 patent''). Id. The notice 
of investigation named the following respondents: Garmin International, 
Inc.; Garmin North America, Inc.; Garmin USA, Inc. all of Olathe, 
Kansas; and Garmin Corporation of New Taipei City, Taiwan 
(collectively, ``Garmin''). Id. The Office of Unfair Import 
Investigations is not a party to the investigation.
    On January 30, 2015, the parties entered into a stipulation that 
the domestic industry requirement was met. The parties also agreed to a 
stipulation regarding importation of Garmin accused products. That same 
day, Johnson Outdoors filed two unopposed motions for summary 
determination: (1) That Garmin's importation and sales satisfy the 
importation requirement and (2) that Johnson Outdoors satisfies the 
domestic industry requirement. On March 24, 2015, the ALJ granted 
Johnson Outdoors' summary determination motions in Order Nos. 14 and 
15, respectively. The Commission determined not to review. See Notice 
of Commission Determination Not to Review Two Initial Determinations 
Granting Unopposed Motions for Summary Determinations of Importation 
and the Existence of a Domestic Industry That Practices the Asserted 
Patents (April 22, 2015).
    On July 13, 2015, the ALJ issued his final ID, finding a violation 
of section 337 by Garmin in connection with claims 14, 18, 21, 22, 23, 
and 33 of the '974 patent. The ALJ found no violation of section 337 in 
connection with the asserted claims of the '952 and '825 patents; and 
claim 25 of the '974 patent. Specifically, the ALJ found that the 
Commission has subject matter jurisdiction, in rem jurisdiction over 
the accused products, and in personam jurisdiction over Garmin. ID at 
21. The ALJ further found that the accused products infringe asserted 
claims 14, 18, 21, 22, 23, and 33 of the '974 patent but do not 
infringe the asserted claims of the '952 and '825 patents or claim 25 
of the '974 patent. See ID at 55-57, 58-59, 60-62. The ALJ also found 
that Garmin failed to establish by clear and convincing evidence that 
the asserted claims of the '952, '825, or '974 patents were anticipated 
or rendered obvious by the cited prior art references. See id. at 68-
80, 89-100. Finally, the ALJ found that the '952, '825, and '974 
patents are not unenforceable due to inequitable conduct and that 
the'952 patent is not invalid under 35 U.S.C. 102(f) for derivation. ID 
at 80-83, 100-109.
    On July 27, 2015, Garmin filed a petition for review of the ID. 
That same day, Johnson Outdoors filed a contingent petition for review 
of the ID. On August 4, 2015, the parties filed responses to the 
petitions.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the final ID on all issues 
petitioned.
    The parties are requested to provide any comments they may have as 
to the Commission's proposed construction below with reference to the 
applicable law and the evidentiary record. In connection with its 
review, the Commission is particularly interested in a response to the 
following:

    If the Commission were to construe the claim term ``mounted to a 
boat'' to mean ``proximately secured to the boat in a fixed 
manner,'' please discuss any impact this construction may have on 
the ID's findings.

    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 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 (December 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 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United

[[Page 55874]]

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 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. Complainants are requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the date that the patents expire and the HTSUS 
numbers under which the accused products are imported. Complainants are 
further requested to supply the names of known importers of the Garmin 
products at issue in this investigation. The written submissions and 
proposed remedial orders must be filed no later than close of business 
on September 21, 2015. Reply submissions must be filed no later than 
the close of business on September 28, 2015. Such submissions should 
address the ALJ's recommended determinations on remedy and bonding. No 
further submissions on any of 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 eight 
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-926'') 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 (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 any confidential filing. All non-confidential 
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 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-23329 Filed 9-16-15; 8:45 am]
BILLING CODE 7020-02-P