81 FR 41343 - Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Notice of the Commission's Determination To Rescind a Limited Exclusion Order and Cease and Desist Orders

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 122 (June 24, 2016)

Notice is hereby given that the U.S. International Trade Commission has determined to rescind a limited exclusion order prohibiting importation of infringing marine sonar imaging systems, products containing the same, and components thereof and cease and desist orders directed to the domestic respondents, based upon settlement.

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41343-41344]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14997]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-926]


Certain Marine Sonar Imaging Systems, Products Containing the 
Same, and Components Thereof; Notice of the Commission's Determination 
To Rescind a Limited Exclusion Order and Cease and Desist Orders

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 rescind a limited exclusion order 
prohibiting importation of infringing marine sonar imaging systems, 
products containing the same, and components thereof and cease and 
desist orders directed to the domestic respondents, based upon 
settlement.

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 Fed. Reg. 
49536 (Aug. 21, 2014). The complaint alleged 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 was not a party to the investigation.
    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 ID 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. On July 27, 2015, the parties filed 
petitions for review of the ID. On August 4, 2015, the parties filed 
responses to the petitions.
    On August 25, 2015, the Commission determined to review the final 
ID on all issues petitioned. 80 Fed. Reg. 55872-74 (Sept. 17, 2015). On 
review, the Commission determined to affirm the ALJ's finding of 
violation of section 337 with respect to claims 14, 18, 21-23, and 33 
of the '974 patent. 80 Fed. Reg. 73211-12 (Nov. 24, 2015). The 
Commission also determined to affirm the ID's finding of no violation 
of section 337 in connection with the asserted claims of the '952 
patent, '825 patent, and claim 25 of the '974 patent. Id.
    Having found a violation of section 337, the Commission determined 
that the appropriate form of relief was: (1) A limited exclusion order 
prohibiting the unlicensed entry of marine sonar imaging systems, 
products containing the same, and components thereof that infringe one 
or more of claims 14, 18, 21, 22, 23, and 33 of the '974 patent that 
are manufactured by, or on behalf of, or are imported by or on behalf 
of Garmin or any of its affiliated companies, parents, subsidiaries, 
agents, or other related business entities, or their successors or 
assigns; and (2) cease and desist orders prohibiting domestic 
respondents Garmin International, Inc.; Garmin North America, Inc.; and 
Garmin USA, Inc. from conducting any of the following activities in the 
United States: Importing, selling, marketing, advertising, 
distributing, transferring (except for exportation), and soliciting 
U.S. agents or distributors for, marine sonar imaging systems, products

[[Page 41344]]

containing the same, and components thereof covered by claims 14, 18, 
21, 22, 23 and 33 of the '974 patent. The proposed cease and desist 
orders included the following exemption: (1) If in a written 
instrument, the owner of the patents authorizes or licenses such 
specific conduct, or such specific conduct is related to the 
importation or sale of covered products by or for the United States.
    On May 10, 2016, Johnson Outdoors and Garmin filed a joint petition 
under 19 U.S.C. 1337(k) and Commission rule 210.76(a) (19 CFR 
210.76(a)) to rescind the remedial orders based upon settlement. The 
parties filed both confidential and public versions of the settlement 
agreements.
    The Commission has determined to grant the petition. The limited 
exclusion order and cease and desist orders issued in this 
investigation are hereby rescinded.
    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: June 21, 2016.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2016-14997 Filed 6-23-16; 8:45 am]
BILLING CODE 7020-02-P