80 FR 76040 - Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 234 (December 7, 2015)

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation and has issued a limited exclusion order prohibiting respondents Garmin International, Inc. and Garmin USA, Inc., both of Olathe, Kansas, and Garmin (Asia) Corporation of New Taipei City, Taiwan (collectively, ``Garmin''), from importing certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe certain claims of U.S. Patent Nos. 8,305,840 (``the '840 patent'') and 8,605,550 (``the '550 patent''). The Commission has also issued a cease and desist order against Garmin prohibiting the sale and distribution within the United States of articles that infringe certain claims of the '840 and '550 patents. The Commission has found no violation based on U.S. Patent No. 8,300,499 (``the '499 patent''). The investigation is terminated.

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76040-76042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30733]


-----------------------------------------------------------------------

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; 
Commission's Final Determination Finding a Violation of Section 337; 
Issuance of a Limited Exclusion Order and a Cease and Desist Order; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in this investigation and has issued 
a limited exclusion order prohibiting respondents Garmin International, 
Inc. and Garmin USA, Inc., both of Olathe, Kansas, and Garmin (Asia) 
Corporation of New Taipei City, Taiwan (collectively, ``Garmin''), from 
importing certain marine sonar imaging devices, including

[[Page 76041]]

downscan and sidescan devices, products containing the same, and 
components thereof that infringe certain claims of U.S. Patent Nos. 
8,305,840 (``the '840 patent'') and 8,605,550 (``the '550 patent''). 
The Commission has also issued a cease and desist order against Garmin 
prohibiting the sale and distribution within the United States of 
articles that infringe certain claims of the '840 and '550 patents. The 
Commission has found no violation based on U.S. Patent No. 8,300,499 
(``the '499 patent''). The investigation is terminated.

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 FR 40778 (July 14, 2014). The complaint alleged 
violations of section 337 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 the '840, '499, and '550 patents. Id. The notice of 
investigation named 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 March 3, 2015, the Commission determined on summary 
determination that Navico satisfied the economic prong of the domestic 
industry requirement for the '840 and '499 patents and the technical 
prong of the domestic industry requirement for the '840 and '550 
patents. Notice (Mar. 3, 2015) (determining not to review Order No. 14 
(Jan. 29, 2015) and Order No. 15 (Jan. 30, 2015)).
    On July 2, 2015, the ALJ issued a final initial determination 
(``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 and OUII filed petitions for review 
challenging various findings in the final ID, and Garmin filed a 
contingent petition for review. On July 28, 2015, the parties filed 
responses to the various petitions. On August 5, 2015, Navico and 
Garmin filed post-RD statements 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).
    On September 3, 2015, the Commission determined to review the final 
ID in part and requested additional briefing from the parties on 
certain issues. 80 FR 54592 (Sept. 10, 2015). Specifically, the 
Commission 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. Id. The Commission also solicited briefing from the 
parties and the public on the issues of remedy, bonding, and the public 
interest. Id.
    On September 14, 2015, the parties filed initial written 
submissions addressing the Commission's questions and remedy, bonding, 
and the public interest. On September 21, 2015, the parties filed 
response briefs. No comments were received from the public.
    Having examined the record of this investigation, including the 
final ID and the parties' submissions, the Commission has determined 
that Navico has proven a violation of section 337 based on infringement 
of claims 1, 5, 7, 9, 11, 16-19, 23, 32, 39-41, 63, and 70-72 of the 
'840 patent and infringement of claims 32 and 44 of the '550 patent. 
The Commission has determined to modify the ALJ's construction of 
certain terms in the asserted claims of the asserted patents, including 
``single linear downscan transducer element'' recited in the '840 
patent and its variants recited in the '550 and '499 patents. Under the 
modified constructions, the Commission has determined Navico has proven 
that (i) the accused Garmin echo products, echoMAP products, and GPSMAP 
products with their respective transducers infringe claims 1, 5, 7, 9, 
11, 16-19, 23, 32, 39-41, and 70-72 of the '840 patent; (ii) the 
accused Garmin echoMAP products and GPSMAP products with their 
respective transducers infringe claim 63 of the '840 patent; (iii) the 
accused Garmin GCV10 and GSD25 sonar modules with their respective 
transducers infringe claims 1, 5, 9, 11, 23, and 32 of the '840 patent; 
(iv) the accused Garmin GT30 transducer, which comes with the GCV10 
sonar module, infringes claims 1, 7, 12, 13, and 57 of the '550 patent; 
and (v) the accused Garmin GT30 transducer, in conjunction with the 
GCV10 sonar module, infringes claims 32 and 44 of the '550 patent. The 
Commission has determined Garmin has not proven that the asserted 
claims of the '840 patent are invalid. The Commission has determined 
that Garmin has proven that claims 1, 7, 12, 13, and 57 of the '550 
patent are invalid as obvious, but that Garmin has not proven that 
claims 32 and 44 of the '550 patent are invalid. The Commission has 
also determined that Navico has proven that a domestic industry exists 
in the United States for the '550 patent.

[[Page 76042]]

    The Commission has determined that Navico has not proven a 
violation with respect to the '499 patent. The Commission has 
determined to adopt, on modified grounds, the ALJ's construction of the 
term ``combining'' (and its variants) recited in the asserted claims of 
the '499 patent. Under that construction, the Commission has determined 
that the asserted claims are not invalid and not infringed.
    The Commission has determined the appropriate remedy is a limited 
exclusion order and a cease and desist order prohibiting Garmin from 
importing into the United States or selling or distributing within the 
United States certain marine sonar imaging devices, including downscan 
and sidescan devices, products containing the same, and components 
thereof that infringe the asserted claims of the '840 and '550 patents. 
The Commission has determined the public interest factors enumerated in 
section 337(d)(1) and (f)(1) do not preclude issuance of the limited 
exclusion order or cease and desist order.
    Finally, the Commission has determined to apply a bond in the 
amount of 100 percent of the entered value of excluded products 
imported during the period of Presidential review (19 U.S.C. 1337(j)). 
The Commission's order and opinion were delivered to the President and 
to the United States Trade Representative on the day of their issuance.
    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: December 1, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-30733 Filed 12-4-15; 8:45 am]
BILLING CODE 7020-02-P