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)
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 76040-76042 | |
| FR Document | 2015-30733 |
[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
![76040 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
By order of the Commission. for this investigation may be viewed on Commission’s Rules of Practice and
Issued: December 1, 2015. the Commission’s electronic docket Procedure, 19 CFR 210.13. Pursuant to
Lisa R. Barton, (EDIS) at http://edis.usitc.gov. 19 CFR 201.16(e) and 210.13(a), such
Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: The responses will be considered by the
[FR Doc. 2015–30734 Filed 12–4–15; 8:45 am] Office of Unfair Import Investigations, Commission if received not later than 20
BILLING CODE 7020–02–P U.S. International Trade Commission, days after the date of service by the
telephone (202) 205–2560. Commission of the complaint and the
Authority: The authority for notice of investigation. Extensions of
INTERNATIONAL TRADE institution of this investigation is time for submitting responses to the
COMMISSION contained in section 337 of the Tariff complaint and the notice of
Act of 1930, as amended, and in section investigation will not be granted unless
[Investigation No. 337–TA–973] good cause therefor is shown.
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10 Failure of a respondent to file a timely
Certain Wearable Activity Tracking
(2015). response to each allegation in the
Devices, Systems, and Components
Scope of Investigation: Having complaint and in this notice may be
Thereof; Institution of Investigation
considered the complaint, the U.S. deemed to constitute a waiver of the
AGENCY: U.S. International Trade International Trade Commission, on right to appear and contest the
Commission. December 1, 2015, ordered that— allegations of the complaint and this
ACTION: Notice. (1) Pursuant to subsection (b) of notice, and to authorize the
section 337 of the Tariff Act of 1930, as administrative law judge and the
SUMMARY: Notice is hereby given that a amended, an investigation be instituted Commission, without further notice to
complaint was filed with the U.S. to determine whether there is a the respondent, to find the facts to be as
International Trade Commission on violation of subsection (a)(1)(B) of alleged in the complaint and this notice
November 2, 2015, under section 337 of section 337 in the importation into the and to enter an initial determination
the Tariff Act of 1930, as amended, 19 United States, the sale for importation, and a final determination containing
U.S.C. 1337, on behalf of Fitbit, Inc. of or the sale within the United States after such findings, and may result in the
San Francisco, California. The importation of certain wearable activity issuance of an exclusion order or a cease
complaint alleges violations of section tracking devices, systems, and and desist order or both directed against
337 based upon the importation into the components thereof by reason of the respondent.
United States, the sale for importation, infringement of one or more of claims 1, By order of the Commission.
and the sale within the United States 4, 5, and 13–17 of the ’332 patent; Issued: December 1, 2015.
after importation of certain wearable claims 1–4, 7–11, 16, 25, 27, and 28 of Lisa R. Barton,
activity tracking devices, systems, and the ’377 patent; claims 1–15 and 18–21
Secretary to the Commission.
components thereof by reason of of the ’760 patent, and whether an
infringement of certain claims of U.S. [FR Doc. 2015–30732 Filed 12–4–15; 8:45 am]
industry in the United States exists as
Patent No. 8,920,332 (‘‘the ’332 patent’’); required by subsection (a)(2) of section BILLING CODE 7020–02–P
U.S. Patent No. 8,868,377 (‘‘the ’377 337;
patent’’); and U.S. Patent No. 9,089,760 (2) For the purpose of the
(‘‘the ’760 patent’’). The complaint investigation so instituted, the following INTERNATIONAL TRADE
further alleges that an industry in the are hereby named as parties upon which COMMISSION
United States exists as required by this notice of investigation shall be [Investigation No. 337–TA–921]
subsection (a)(2) of section 337. served:
The complainant requests that the (a) The complainant is: Fitbit, Inc., Certain Marine Sonar Imaging Devices,
Commission institute an investigation 405 Howard Street, San Francisco, CA Including Downscan and Sidescan
and, after the investigation, issue a 94105. Devices, Products Containing the
limited exclusion order and cease and (b) The respondents are the following Same, and Components Thereof;
desist orders. entities alleged to be in violation of Commission’s Final Determination
ADDRESSES: The complaint, except for section 337, and are the parties upon Finding a Violation of Section 337;
any confidential information contained which the complaint is to be served: Issuance of a Limited Exclusion Order
therein, is available for inspection AliphCom d/b/a Jawbone, 99 Rhode and a Cease and Desist Order;
during official business hours (8:45 a.m. Island Street, 3rd Floor, San Termination of the Investigation
to 5:15 p.m.) in the Office of the Francisco, CA 94103. AGENCY: U.S. International Trade
Secretary, U.S. International Trade BodyMedia, Inc., Union Trust Building, Commission.
Commission, 500 E Street SW., Room 501 Grant Street, Suite 1075, ACTION: Notice.
112, Washington, DC 20436, telephone Pittsburgh, PA 15219.
(202) 205–2000. Hearing impaired (c) The Office of Unfair Import SUMMARY: Notice is hereby given that
individuals are advised that information Investigations, U.S. International Trade the U.S. International Trade
on this matter can be obtained by Commission, 500 E Street SW., Suite Commission has found a violation of
contacting the Commission’s TDD 401, Washington, DC 20436; and section 337 of the Tariff Act of 1930, as
terminal on (202) 205–1810. Persons (3) For the investigation so instituted, amended, 19 U.S.C. 1337, in this
mstockstill on DSK4VPTVN1PROD with NOTICES
with mobility impairments who will the Chief Administrative Law Judge, investigation and has issued a limited
need special assistance in gaining access U.S. International Trade Commission, exclusion order prohibiting respondents
to the Commission should contact the shall designate the presiding Garmin International, Inc. and Garmin
Office of the Secretary at (202) 205– Administrative Law Judge. USA, Inc., both of Olathe, Kansas, and
2000. General information concerning Responses to the complaint and the Garmin (Asia) Corporation of New
the Commission may also be obtained notice of investigation must be Taipei City, Taiwan (collectively,
by accessing its Internet server at submitted by the named respondents in ‘‘Garmin’’), from importing certain
http://www.usitc.gov. The public record accordance with section 210.13 of the marine sonar imaging devices, including
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![76042 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
The Commission has determined that has filed written notifications Diego, CA; L3 Communications Systems
Navico has not proven a violation with simultaneously with the Attorney West, Salt Lake City, UT; L3
respect to the ’499 patent. The General and the Federal Trade Communications Telemetry West, San
Commission has determined to adopt, Commission disclosing changes in its Diego, CA; Laulima Systems, Kalaheo,
on modified grounds, the ALJ’s membership. The notifications were HI; LGS Innovations, Herndon, VA;
construction of the term ‘‘combining’’ filed for the purpose of extending the LHC2 Inc. d/b/a Eigen Wireless, Liberty
(and its variants) recited in the asserted Act’s provisions limiting the recovery of Lake, WA; Lockheed Martin
claims of the ’499 patent. Under that antitrust plaintiffs to actual damages Corporation, Cherry Hill, NJ; LS telcom
construction, the Commission has under specified circumstances. Inc., Bowie, MD; Metric Systems
determined that the asserted claims are Specifically, Alion Science and Corporation, Vista, CA; Monterey-
not invalid and not infringed. Technology Corporation, Rome, NY; All Nouveau & Associates, LLC, Dayton,
The Commission has determined the Purpose Networks LLC, Dover, NJ; OH; Nokia Networks, Irving, TX;
appropriate remedy is a limited Altagrove LLC, Herndon, VA; ANDRO Northrop Grumman Systems
exclusion order and a cease and desist Computational Solutions, LLC, Rome, Corporation, Electronic Systems,
order prohibiting Garmin from NY; Arizona State University, Tempe, Linthicum Heights, MD; Northwestern
importing into the United States or AZ; Astrapi Corporation, Dallas, TX; University, Evanston, IL; NTS Technical
selling or distributing within the United AT&T, Inc., Vienna, VA; ATDI Systems, Calabasas, CA; Oceanit
States certain marine sonar imaging Government Services, LLC, McLean, Laboratories, Inc., Honolulu, HI; Oceus
devices, including downscan and VA; BAE Systems Information and Networks, Inc., Reston, VA; Optical
sidescan devices, products containing Electronic Systems Integration, Inc., Filter Corp d/b/a Corning Specialty
the same, and components thereof that Nashua, NH; Battelle Energy Alliance, Materials, Keene, NH; Pathfinder
infringe the asserted claims of the ’840 LLC, Idaho Falls, ID; Black River Wireless Corp, Seattle, WA; Perceptix
and ’550 patents. The Commission has Systems Company, Inc., Utica, NY; LLC, Washington, DC; Physical Optics
determined the public interest factors Brigham Young University, Provo, UT; Corporation, Torrance, CA; Pirhonen,
enumerated in section 337(d)(1) and Chesapeake Technology International Riku P. d/b/a The Research Armadillo,
(f)(1) do not preclude issuance of the Corporation, California, MD; CIPHIR– Flower Mound, TX; Planned Systems
limited exclusion order or cease and TM, LLC, Charleston, SC; Cognitive International, Inc., Columbia, MD;
desist order. Radio Technologies, LLC, Lynchburg, PrioriTech, Inc., State College, PA;
Finally, the Commission has VA; CommScope Technologies, LLC, Purdue University, West Lafayette, IN;
determined to apply a bond in the Ashburn, VA; Constellation Data Raytheon Company, El Segundo, CA;
amount of 100 percent of the entered Systems, Inc., Cincinnati, OH; Creative Roberson and Associates LLC, Chicago,
value of excluded products imported Digital Systems Integration, Inc., Simi IL; Rockwell Collins, Inc., Cedar Rapids,
during the period of Presidential review Valley, CA; CRFS, Inc., Falls Church, IA; RWC, LLC, Annapolis, MD; S2
(19 U.S.C. 1337(j)). The Commission’s VA; Cubic Defense Applications, Inc., Corporation, Bozeman, MT; SA
order and opinion were delivered to the San Diego, CA; Darkblade Systems Photonics, Inc., Los Gatos, CA; Sage
President and to the United States Trade Corporation, Stafford, VA; Disney/ABC Management Enterprise, LLC, Columbia,
Representative on the day of their TV Group, New York, NY; DRS Signal MD; SENTEL Corporation, Alexandria,
issuance. Solutions, Inc., Germantown, MD; VA; Shared Spectrum Company,
The authority for the Commission’s Exelis, Inc., Clifton, NJ; Expression Vienna, VA; Shenandoah Research and
determination is contained in section Networks LLC, McLean, VA; Federated Technology, LLC, Mount Jackson, VA;
337 of the Tariff Act of 1930, as Wireless, Arlington, VA; Florida SI2 Technologies, Inc., N. Billerica, MA;
amended (19 U.S.C. 1337), and in Part International University, Miami, FL; Signal Hound, Inc., La Center, WA;
210 of the Commission’s Rules of Foundry, Inc., Millersville, MD; Genesys Silvus Technologies, Inc., Los Angeles,
Practice and Procedure (19 CFR part Technologies Ltd., Langhorne, PA; CA; Southwest Research Institute, San
210). Georgia Tech Applied Research Antonio, TX; Spectronn, Holmdel, NJ;
By order of the Commission. Corporation, Atlanta, GA; GIRD SpectrumFi, Sunnyvale, CA; SRI
Issued: December 1, 2015. Systems, Inc., Cincinnati, OH; Gonzaga International, Menlo Park, CA; SSC
Lisa R. Barton, University, Spokane, WA; Haigh-Farr, Innovations LLC, Vienna, VA; Stevens
Secretary to the Commission.
Inc, Bedford, NH; Harris Corporation, Institute of Technology, Hoboken, NJ;
Melbourne, FL; Honeywell The Aerospace Corporation, El Segundo,
[FR Doc. 2015–30733 Filed 12–4–15; 8:45 am]
International, Inc., Morris Township, CA; The Charles Stark Draper
BILLING CODE 7020–02–P
NJ; Hughes Network Systems LLC, Laboratory, Inc., Cambridge, MA; The
Germantown, MD ICF Incorporated, John Hopkins University Applied
LLC, Fairfax, VA; IJK Controls LLC, Physics Laboratory, Laurel, MD; The
DEPARTMENT OF JUSTICE Dallas, TX; InCadence Strategic Ohio State University, Columbus, OH;
Solutions, Manassas, VA; Infinite Trabus Technologies, Inc., San Diego,
Antitrust Division Dimensions Integration, Inc., CA; TrellisWare Technologies, Inc., San
Notice Pursuant to the National Alexandria, VA; Intelligent Automation, Diego, CA; TriaSys Technologies
Cooperative Research and Production Inc., Rockville, MD; InterDigital Corporation, N. Billerica, MA; Under
Act of 1993—National Spectrum Communications, Wilmington, DE; the Grid, LLC, Pacific Grove, CA;
mstockstill on DSK4VPTVN1PROD with NOTICES
Consortium Kerberos International, Inc., Temple, University of Arizona—Electrical and
TX; Kestrel Corporation, Albuquerque, Computer Engineering, Tucson, AZ;
Notice is hereby given that, on NM; Key Bridge Global LLC d/b/a Key University of Illinois, Urbana, IL;
October 22, 2015, pursuant to Section Bridge LLC, McLean, VA; Keysight University of Mississippi, University,
6(a) of the National Cooperative Technologies, Inc, Santa Rosa, CA; MS; University of Notre Dame, Notre
Research and Production Act of 1993, KinetX, Inc., Tempe, AZ; Kranze Dame, IN; University of Southern
15 U.S.C. 4301 et seq. (‘‘the Act’’), Technology Solutions, Inc., Prospect California Information Sciences
National Spectrum Consortium (‘‘NSC’’) Heights, IL; L3 Communications, San Institute, Marina Del Ray, CA;
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Document Created: 2015-12-14 13:30:56
Document Modified: 2015-12-14 13:30:56
| 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 76040 |
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