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)

Page Range		41343-41344
FR Document		2016-14997

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 Issue 122 (Friday, June 24, 2016)

[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

Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices 41343

PhunkeeDuck, Inc., 250 Jericho INTERNATIONAL TRADE reason of infringement of one or more of
Turnpike, Floral Park, NY 11001 COMMISSION claims 1, 2, 17, 25, 26, 31, 32, 35, 36,
Razor USA LLC, 12723 166th Street, 41–43, 53, and 56 of U.S. Patent No.
[Investigation No. 337–TA–926]
Cerritos, CA 90703 7,652,952 (‘‘the ’952 patent’’); claims 1,
Certain Marine Sonar Imaging 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S.
Swagway LLC, 3431 William Patent No. 7,710,825 (‘‘the ’825 patent’’);
Richardson Drive, Suite F, South Systems, Products Containing the
Same, and Components Thereof; and claims 14, 18, 21–23, 25, and 33 of
Bend, IN 46628 U.S. Patent No. 7,755,974 (‘‘the ’974
Notice of the Commission’s
Segaway, 3940 Laurel Canyon Determination To Rescind a Limited patent’’). Id. The notice of investigation
Boulevard #376, Studio City, CA Exclusion Order and Cease and Desist named the following respondents:
91604 Orders Garmin International, Inc.; Garmin
North America, Inc.; Garmin USA, Inc.
Jetson Electric Bikes LLC, 175 Varick AGENCY: U.S. International Trade all of Olathe, Kansas; and Garmin
Street, New York, NY 10014 Commission. Corporation of New Taipei City, Taiwan
(c) The Office of Unfair Import ACTION: Notice. (collectively, ‘‘Garmin’’). Id. The Office
Investigations, U.S. International Trade of Unfair Import Investigations was not
SUMMARY: Notice is hereby given that a party to the investigation.
Commission, 500 E Street SW., Suite
the U.S. International Trade On July 13, 2015, the ALJ issued his
401, Washington, DC 20436; and
Commission has determined to rescind final ID, finding a violation of section
(3) For the investigation so instituted, a limited exclusion order prohibiting 337 by Garmin in connection with
the Chief Administrative Law Judge, importation of infringing marine sonar claims 14, 18, 21, 22, 23, and 33 of the
U.S. International Trade Commission, imaging systems, products containing ’974 patent. The ID found no violation
shall designate the presiding the same, and components thereof and of section 337 in connection with the
Administrative Law Judge. cease and desist orders directed to the asserted claims of the ’952 and ’825
Responses to the complaint and the domestic respondents, based upon patents, and claim 25 of the ’974 patent.
notice of investigation must be settlement. On July 27, 2015, the parties filed
submitted by the named respondents in FOR FURTHER INFORMATION CONTACT:
petitions for review of the ID. On
Panyin A. Hughes, Office of the General August 4, 2015, the parties filed
accordance with section 210.13 of the
Counsel, U.S. International Trade responses to the petitions.
Commission’s Rules of Practice and On August 25, 2015, the Commission
Procedure, 19 CFR 210.13. Pursuant to Commission, 500 E Street SW.,
determined to review the final ID on all
19 CFR 201.16(e) and 210.13(a), such Washington, DC 20436, telephone 202–
issues petitioned. 80 Fed. Reg. 55872–74
responses will be considered by the 205–3042. Copies of non-confidential
(Sept. 17, 2015). On review, the
Commission if received not later than 20 documents filed in connection with this
Commission determined to affirm the
days after the date of service by the investigation are or will be available for
ALJ’s finding of violation of section 337
Commission of the complaint and the inspection during official business
with respect to claims 14, 18, 21–23,
notice of investigation. Extensions of hours (8:45 a.m. to 5:15 p.m.) in the and 33 of the ’974 patent. 80 Fed. Reg.
time for submitting responses to the Office of the Secretary, U.S. 73211–12 (Nov. 24, 2015). The
International Trade Commission, 500 E Commission also determined to affirm
complaint and the notice of
Street SW., Washington, DC 20436, the ID’s finding of no violation of
investigation will not be granted unless
telephone 202–205–2000. General section 337 in connection with the
good cause therefor is shown. information concerning the Commission asserted claims of the ’952 patent, ’825
Failure of a respondent to file a timely may also be obtained by accessing its patent, and claim 25 of the ’974 patent.
response to each allegation in the Internet server (http://www.usitc.gov). Id.
complaint and in this notice may be The public record for this investigation Having found a violation of section
deemed to constitute a waiver of the may be viewed on the Commission’s 337, the Commission determined that
right to appear and contest the electronic docket (EDIS) at http:// the appropriate form of relief was: (1) A
allegations of the complaint and this edis.usitc.gov. Hearing-impaired limited exclusion order prohibiting the
notice, and to authorize the persons are advised that information on unlicensed entry of marine sonar
administrative law judge and the this matter can be obtained by imaging systems, products containing
Commission, without further notice to contacting the Commission’s TDD the same, and components thereof that
the respondent, to find the facts to be as terminal on 202–205–1810. infringe one or more of claims 14, 18,
alleged in the complaint and this notice SUPPLEMENTARY INFORMATION: The 21, 22, 23, and 33 of the ’974 patent that
and to enter an initial determination Commission instituted this investigation are manufactured by, or on behalf of, or
and a final determination containing on August 21, 2014, based on a are imported by or on behalf of Garmin
such findings, and may result in the complaint filed by Johnson Outdoors or any of its affiliated companies,
issuance of an exclusion order or a cease lnc. of Racine, Wisconsin and Johnson parents, subsidiaries, agents, or other
and desist order or both directed against Outdoors Marine Electronics, Inc. of related business entities, or their
the respondent. Eufaula, Alabama (collectively, successors or assigns; and (2) cease and
‘‘Johnson Outdoors’’). 79 Fed. Reg. desist orders prohibiting domestic
By order of the Commission. 49536 (Aug. 21, 2014). The complaint respondents Garmin International, Inc.;
Issued: June 20, 2016. alleged violations of section 337 of the Garmin North America, Inc.; and
sradovich on DSK3GDR082PROD with NOTICES

Lisa R. Barton, Tariff Act of 1930, as amended (19 Garmin USA, Inc. from conducting any
Secretary to the Commission. U.S.C. 1337), in the importation into the of the following activities in the United
[FR Doc. 2016–14903 Filed 6–23–16; 8:45 am]
United States, the sale for importation, States: Importing, selling, marketing,
and the sale within the United States advertising, distributing, transferring
BILLING CODE 7020–02–P
after importation of certain marine sonar (except for exportation), and soliciting
imaging systems, products containing U.S. agents or distributors for, marine
the same, and components thereof by sonar imaging systems, products

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41344 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices

containing the same, and components device packages, and products 27, 29, 30 and 33–35 of the ’136 patent,
thereof covered by claims 14, 18, 21, 22, containing same by reason of and whether an industry in the United
23 and 33 of the ’974 patent. The infringement of certain claims of U.S. States exists as required by subsection
proposed cease and desist orders Patent No. 6,856,007 (‘‘the ’007 patent’’); (a)(2) of section 337;
included the following exemption: (1) If U.S. Patent No. 6,849,946 (‘‘the ’946 (2) For the purpose of the
in a written instrument, the owner of patent’’); and U.S. Patent No. 6,133,136 investigation so instituted, the following
the patents authorizes or licenses such (‘‘the ’136 patent’’). The complaint are hereby named as parties upon which
specific conduct, or such specific further alleges that an industry in the this notice of investigation shall be
conduct is related to the importation or United States exists as required by served:
sale of covered products by or for the subsection (a)(2) of section 337. (a) The complainants are:
United States. The complainants request that the
Commission institute an investigation Tessera Technologies, Inc., 3025
On May 10, 2016, Johnson Outdoors Orchard Parkway, San Jose, CA 95134
and Garmin filed a joint petition under and, after the investigation, issue a
Tessera, Inc., 3025 Orchard Parkway,
19 U.S.C. 1337(k) and Commission rule limited exclusion order and cease and
San Jose, CA 95134
210.76(a) (19 CFR 210.76(a)) to rescind desist orders.
Invensas Corporation, 3025 Orchard
the remedial orders based upon ADDRESSES: The complaint, except for Parkway, San Jose, CA 95134
settlement. The parties filed both any confidential information contained
(b) The respondents are the following
confidential and public versions of the therein, is available for inspection
entities alleged to be in violation of
settlement agreements. during official business hours (8:45 a.m.
section 337, and are the parties upon
The Commission has determined to to 5:15 p.m.) in the Office of the
which the complaint is to be served:
grant the petition. The limited exclusion Secretary, U.S. International Trade
Commission, 500 E Street SW., Room Broadcom Limited, 1 Yishun Avenue 7,
order and cease and desist orders issued
112, Washington, DC 20436, telephone Singapore 768923
in this investigation are hereby
(202) 205–2000. Hearing impaired Broadcom Corporation, 5300 California
rescinded.
individuals are advised that information Ave., Irvine, CA 92617
The authority for the Commission’s Avago Technologies Limited, 1 Yishun
determination is contained in section on this matter can be obtained by
contacting the Commission’s TDD Avenue 7, Singapore 768923
337 of the Tariff Act of 1930, as Avago Technologies U.S. Inc., 1320
amended (19 U.S.C. 1337), and in Part terminal on (202) 205–1810. Persons
Ridder Park Drive, San Jose, CA 95131
210 of the Commission’s Rules of with mobility impairments who will Arista Networks, Inc., 5453 Great
Practice and Procedure (19 CFR part need special assistance in gaining access
America Parkway, Santa Clara, CA
210). to the Commission should contact the
95054
Office of the Secretary at (202) 205– ARRIS International plc, 3871 Lakefield
By order of the Commission.
2000. General information concerning Drive, Suwanee, GA 30024
Issued: June 21, 2016.
the Commission may also be obtained ARRIS Group, Inc., 3871 Lakefield
William R. Bishop, by accessing its internet server at http:// Drive, Suwanee, GA 30024
Supervisory Hearings and Information www.usitc.gov. The public record for
Officer.
ARRIS Technology, Inc., 101
this investigation may be viewed on the Tournament Drive, Horsham, PA
[FR Doc. 2016–14997 Filed 6–23–16; 8:45 am] Commission’s electronic docket (EDIS) 19044
BILLING CODE 7020–02–P at http://edis.usitc.gov. ARRIS Enterprises LLC, 3871 Lakefield
FOR FURTHER INFORMATION CONTACT: The Drive, Suwanee, GA 30024
Office of the Secretary, Docket Services ARRIS Solutions, Inc., 3871 Lakefield
INTERNATIONAL TRADE Division, U.S. International Trade Drive, Suwanee, GA 30024
COMMISSION Commission, telephone (202) 205–1802. Pace Ltd., Victoria Road, Saltaire, West
[Investigation No. 337–TA–1010] Authority: The authority for institution of Yorkshire BD18 3LF, England
this investigation is contained in section 337 Pace Americas, LLC, 3701 FAU
Certain Semiconductor Devices, of the Tariff Act of 1930, as amended, and Boulevard, Suite 200, Boca Raton, FL
Semiconductor Device Packages, and in section 210.10 of the Commission’s Rules 33431
Products Containing Same; Institution of Practice and Procedure, 19 CFR 210.10 Pace USA, LLC, 3701 FAU Boulevard,
of Investigation (2015). Suite 200, Boca Raton, FL 33431
ASUSTeK Computer Inc., No. 15, Li-Te
AGENCY: U.S. International Trade Scope of Investigation: Having Road, Peitou, Taipei, Taiwan
Commission. considered the complaint, the U.S. ASUS Computer International, 800
ACTION: Notice. International Trade Commission, on Corporate Way, Fremont, CA 94539
June 20, 2016, ordered that — Comcast Cable Communications, LLC,
SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of 1500 Market Street, Philadelphia, PA
complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as 19102
International Trade Commission on May amended, an investigation be instituted Comcast Cable Communications
23, 2016, under section 337 of the Tariff to determine whether there is a Management, LLC, 1701 John F
Act of 1930, as amended, 19 U.S.C. violation of subsection (a)(1)(B) of Kennedy Blvd., Philadelphia, PA,
1337, on behalf of Tessera Technologies, section 337 in the importation into the 19103
Inc. of San Jose, California; Tessera, Inc. United States, the sale for importation, Comcast Business Communications,
of San Jose, California; and Invensas or the sale within the United States after
sradovich on DSK3GDR082PROD with NOTICES

LLC, 1701 John F Kennedy Blvd.,
Corporation of San Jose, California. The importation of certain semiconductor Philadelphia, PA, 19103
complaint alleges violations of section devices, semiconductor device HTC Corporation, 23 Xinghau Road,
337 based upon the importation into the packages, and products containing same Taoyuan, 330, Taiwan
United States, the sale for importation, by reason of infringement of one or HTC America, Inc., 13920 SE Eastgate
and the sale within the United States more of claims 13, 16, and 18 of the ’007 Way, Suite 200, Bellevue, WA 98005
after importation of certain patent; claims 16–20 and 22 of the ’946 NETGEAR, Inc., 350 East Plumeria
semiconductor devices, semiconductor patent; and claims 1–3, 5, 6, 11–16, 24– Drive, San Jose, CA 95134

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Document Created: 2016-06-24 00:52:51
Document Modified: 2016-06-24 00:52:51

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		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.
FR Citation		81 FR 41343