83 FR 12595 - Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission Determination To Grant a Joint Unopposed Motion To Terminate the Enforcement Proceeding Based on a Settlement Agreement and an Unopposed Motion To Rescind the Remedial Orders; Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 56 (March 22, 2018)
Federal Register Volume 83, Issue 56 (March 22, 2018)
| Page Range | 12595-12596 | |
| FR Document | 2018-05816 |
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)] [Notices] [Pages 12595-12596] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05816] [[Page 12595]] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-921; (Enforcement Proceeding)] Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission Determination To Grant a Joint Unopposed Motion To Terminate the Enforcement Proceeding Based on a Settlement Agreement and an Unopposed Motion To Rescind the Remedial Orders; 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 determined to grant a joint unopposed motion to terminate the enforcement proceeding based on a settlement agreement and an unopposed motion to rescind the remedial orders. 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 the original 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 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 devices, including downscan and sidescan devices, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 8,305,840 (``the '840 patent''), 8,300,499, and 8,605,550 (``the '550 patent''). Id. The named respondents included Garmin International, Inc. and Garmin USA, Inc., each of Olathe, Kansas (collectively, ``Garmin''), and Garmin (Asia) Corporation of New Taipei City, Taiwan. Id. The Office of Unfair Import Investigations was also named as a party. Id. On December 1, 2015, the Commission found a violation of section 337 based on infringement of certain claims of the '840 and '550 patents. 80 FR 76040, 76040-41 (Dec. 7, 2015). The Commission issued a limited exclusion order prohibiting Garmin and Garmin (Asia) Corporation from importing certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe claims 1, 5, 7, 9, 11, 16-19, 23, 32, 39-41, and 70-72 of the '840 patent and claims 32 and 44 of the '550 patent. Id. The Commission also issued cease and desist orders against Garmin and Garmin (Asia) Corporation, prohibiting the sale and distribution within the United States of articles that infringe certain claims of the '840 and '550 patents. Id. at 76041. On August 18, 2016, the Commission issued a modified limited exclusion order. Notice (Aug. 18, 2016). On October 17, 2016, the Commission instituted the subject enforcement proceeding based on a complaint filed by Navico, alleging that Garmin violated the cease and desist orders issued in the original investigation. 81 FR 71531, 71531-32 (Oct. 17, 2016). On May 25, 2017, the presiding administrative law judge (``ALJ'') issued an enforcement initial determination finding that Garmin violated the cease and desist orders. The ALJ also recommended imposition of a civil penalty of approximately $37 million if the Commission found a violation of the cease and desist orders. On June 13, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision in Garmin International, Inc. v. International Trade Commission (No. 16-1572), finding invalid as obvious all claims covered by the remedial orders and reversing the Commission's final determination of a section 337 violation. On October 31, 2017, the Federal Circuit issued a mandate in accordance with its June 13, 2017 judgment. On November 1, 2017, Garmin filed a motion to terminate the enforcement proceeding in light of the reversal of the final determination of violation in the original investigation. On November 2, 2017, Garmin filed a motion to rescind the remedial orders. On November 13, 2017, Navico and OUII filed responses to Garmin's motion to terminate and motion to rescind the remedial orders. On November 17, 2017, Garmin filed a motion to file a reply. On November 28, 2017, Navico filed an opposition to Garmin's motion to file a reply. On February 14, 2018, Navico and Garmin filed a joint motion to terminate the enforcement proceeding based on a settlement agreement. Public and confidential versions of the parties' settlement agreement are attached to the motion. The joint motion states that the settlement agreement resolves the dispute between Navico and Garmin in the enforcement proceeding and that ``[t]here are no other agreements, written or oral, express or implied, between Navico and Garmin regarding the subject matter of this proceeding.'' The motion also states that ``there no longer exists a basis upon which to continue this enforcement proceeding,'' that ``termination of this proceeding pursuant to the [a]greement poses no threat to the public interest,'' and that ``it is in the interest of the public and administrative economy to grant this motion.'' The joint motion also requested that the Commission act on Garmin's unopposed motion to rescind the remedial orders. On February 26, 2018, OUII filed a response, supporting the joint motion to terminate the enforcement proceeding and request to rescind the remedial orders. The Commission has determined to grant the joint unopposed motion to terminate the enforcement proceeding based on a settlement agreement. The Commission finds that the joint motion complies with the requirements of section 210.21(b)(1) of the Commission's Rules of Practice and Procedure (19 CFR 210.21(b)(1)) and that there are no extraordinary circumstances to prevent the requested termination. The Commission also finds that termination of the enforcement proceeding would not be contrary to the public interest. The enforcement proceeding is terminated. The Commission has also determined to rescind the modified limited exclusion order and cease and desist orders. 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). [[Page 12596]] By order of the Commission. Issued: March 19, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018-05816 Filed 3-21-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices 12595
INTERNATIONAL TRADE devices, products containing the same, final determination of violation in the
COMMISSION and components thereof by reason of original investigation. On November 2,
infringement of certain claims of U.S. 2017, Garmin filed a motion to rescind
[Investigation No. 337–TA–921; Patent Nos. 8,305,840 (‘‘the ’840 the remedial orders. On November 13,
(Enforcement Proceeding)]
patent’’), 8,300,499, and 8,605,550 (‘‘the 2017, Navico and OUII filed responses
Certain Marine Sonar Imaging Devices, ’550 patent’’). Id. The named to Garmin’s motion to terminate and
Including Downscan and Sidescan respondents included Garmin motion to rescind the remedial orders.
Devices, Products Containing the International, Inc. and Garmin USA, On November 17, 2017, Garmin filed a
Same, and Components Thereof; Inc., each of Olathe, Kansas motion to file a reply. On November 28,
Commission Determination To Grant a (collectively, ‘‘Garmin’’), and Garmin 2017, Navico filed an opposition to
Joint Unopposed Motion To Terminate (Asia) Corporation of New Taipei City, Garmin’s motion to file a reply.
the Enforcement Proceeding Based on Taiwan. Id. The Office of Unfair Import On February 14, 2018, Navico and
a Settlement Agreement and an Investigations was also named as a Garmin filed a joint motion to terminate
Unopposed Motion To Rescind the party. Id. the enforcement proceeding based on a
On December 1, 2015, the settlement agreement. Public and
Remedial Orders; Termination of the
Commission found a violation of section confidential versions of the parties’
Investigation
337 based on infringement of certain settlement agreement are attached to the
AGENCY: U.S. International Trade claims of the ’840 and ’550 patents. 80 motion. The joint motion states that the
Commission. FR 76040, 76040–41 (Dec. 7, 2015). The settlement agreement resolves the
ACTION: Notice. Commission issued a limited exclusion dispute between Navico and Garmin in
order prohibiting Garmin and Garmin the enforcement proceeding and that
SUMMARY: Notice is hereby given that (Asia) Corporation from importing ‘‘[t]here are no other agreements, written
the U.S. International Trade certain marine sonar imaging devices, or oral, express or implied, between
Commission has determined to grant a including downscan and sidescan Navico and Garmin regarding the
joint unopposed motion to terminate the devices, products containing the same, subject matter of this proceeding.’’ The
enforcement proceeding based on a and components thereof that infringe motion also states that ‘‘there no longer
settlement agreement and an unopposed claims 1, 5, 7, 9, 11, 16–19, 23, 32, 39– exists a basis upon which to continue
motion to rescind the remedial orders. 41, and 70–72 of the ’840 patent and this enforcement proceeding,’’ that
FOR FURTHER INFORMATION CONTACT: claims 32 and 44 of the ’550 patent. Id. ‘‘termination of this proceeding
Lucy Grace D. Noyola, Office of the The Commission also issued cease and pursuant to the [a]greement poses no
General Counsel, U.S. International desist orders against Garmin and threat to the public interest,’’ and that
Trade Commission, 500 E Street SW, Garmin (Asia) Corporation, prohibiting ‘‘it is in the interest of the public and
Washington, DC 20436, telephone 202– the sale and distribution within the administrative economy to grant this
205–3438. Copies of non-confidential United States of articles that infringe motion.’’ The joint motion also
documents filed in connection with this certain claims of the ’840 and ’550
requested that the Commission act on
investigation are or will be available for patents. Id. at 76041.
Garmin’s unopposed motion to rescind
On August 18, 2016, the Commission
inspection during official business the remedial orders. On February 26,
issued a modified limited exclusion
hours (8:45 a.m. to 5:15 p.m.) in the 2018, OUII filed a response, supporting
order. Notice (Aug. 18, 2016).
Office of the Secretary, U.S. On October 17, 2016, the Commission the joint motion to terminate the
International Trade Commission, 500 E instituted the subject enforcement enforcement proceeding and request to
Street SW, Washington, DC 20436, proceeding based on a complaint filed rescind the remedial orders.
telephone 202–205–2000. General by Navico, alleging that Garmin violated The Commission has determined to
information concerning the Commission the cease and desist orders issued in the grant the joint unopposed motion to
may also be obtained by accessing its original investigation. 81 FR 71531, terminate the enforcement proceeding
internet server (https://www.usitc.gov). 71531–32 (Oct. 17, 2016). On May 25, based on a settlement agreement. The
The public record for this investigation 2017, the presiding administrative law Commission finds that the joint motion
may be viewed on the Commission’s judge (‘‘ALJ’’) issued an enforcement complies with the requirements of
electronic docket (EDIS) at https:// initial determination finding that section 210.21(b)(1) of the Commission’s
edis.usitc.gov. Hearing-impaired Garmin violated the cease and desist Rules of Practice and Procedure (19 CFR
persons are advised that information on orders. The ALJ also recommended 210.21(b)(1)) and that there are no
this matter can be obtained by imposition of a civil penalty of extraordinary circumstances to prevent
contacting the Commission’s TDD approximately $37 million if the the requested termination. The
terminal on 202–205–1810. Commission found a violation of the Commission also finds that termination
SUPPLEMENTARY INFORMATION: The cease and desist orders. of the enforcement proceeding would
Commission instituted the original On June 13, 2017, the U.S. Court of not be contrary to the public interest.
investigation on July 14, 2014, based on Appeals for the Federal Circuit issued a The enforcement proceeding is
a complaint filed by Navico, Inc. of decision in Garmin International, Inc. v. terminated.
Tulsa, Oklahoma, and Navico Holding International Trade Commission (No. The Commission has also determined
AS, of Egersund, Norway (collectively, 16–1572), finding invalid as obvious all to rescind the modified limited
‘‘Navico’’). 79 FR 40778 (July 14, 2014). claims covered by the remedial orders exclusion order and cease and desist
The complaint alleged violations of and reversing the Commission’s final orders.
daltland on DSKBBV9HB2PROD with NOTICES
section 337 of the Tariff Act of 1930, as determination of a section 337 violation. The authority for the Commission’s
amended, 19 U.S.C. 1337, in the On October 31, 2017, the Federal Circuit determination is contained in section
importation into the United States, the issued a mandate in accordance with its 337 of the Tariff Act of 1930, as
sale for importation, and the sale within June 13, 2017 judgment. amended (19 U.S.C. 1337), and in part
the United States after importation of On November 1, 2017, Garmin filed a 210 of the Commission’s Rules of
certain marine sonar imaging devices, motion to terminate the enforcement Practice and Procedure (19 CFR part
including downscan and sidescan proceeding in light of the reversal of the 210).
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![12596 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices
By order of the Commission. DEPARTMENT OF LABOR be published by the Department in the
Issued: March 19, 2018. Federal Register. The Department may
Lisa R. Barton, Employee Benefits Security decline to hold a hearing where: (1) The
Administration request for the hearing does not meet
Secretary to the Commission.
the requirements above; (2) the only
[FR Doc. 2018–05816 Filed 3–21–18; 8:45 am] Proposed Exemption From Certain issues identified for exploration at the
BILLING CODE 7020–02–P Prohibited Transaction Restrictions hearing are matters of law; or (3) the
AGENCY: Employee Benefits Security factual issues identified can be fully
Administration, Labor. explored through the submission of
ACTION: Notice of proposed exemption.
evidence in written (including
DEPARTMENT OF JUSTICE electronic) form.
SUMMARY: This document contains All written comments and requests for
Antitrust Division notice of pendency before the a hearing (at least three copies) should
Department of Labor (the Department) of be sent to the Employee Benefits
Notice Pursuant to the National Security Administration (EBSA), Office
a proposed individual exemption from
Cooperative Research and Production of Exemption Determinations, U.S.
certain of the prohibited transaction
Act of 1993—Global Climate and Department of Labor, 200 Constitution
restrictions of the Employee Retirement
Energy Project Avenue, NW, Suite 400, Washington,
Income Security Act of 1974 (ERISA or
the Act) and/or the Internal Revenue DC 20210. Attention: Application No.
Notice is hereby given that, on D–11949. Interested persons are also
Code of 1986 (the Code). If this
November 22, 2017, pursuant to Section invited to submit comments and/or
proposed one-year temporary exemption
6(a) of the National Cooperative hearing requests to EBSA via email or
is granted, certain entities with
Research and Production Act of 1993, FAX. Any such comments or requests
specified relationships to BNP Paribas
15 U.S.C. 4301 et seq. (‘‘the Act’’), will not be precluded from relying on should be sent either by email to: e-
Global Climate and Energy Project the exemptive relief provided by oed@dol.gov, or by FAX to (202) 693–
(‘‘GCEP’’) has filed written notifications Prohibited Transaction Class Exemption 8474 by the end of the scheduled
simultaneously with the Attorney 84–14. comment period. The application for
General and the Federal Trade exemption and the comments received
DATES: Applicable Date: If granted, this
Commission disclosing changes in its will be available for public inspection in
proposed one-year temporary exemption
nature and objectives. The notifications the Public Documents Room of the
will be applicable for the period
were filed for the purpose of extending Employee Benefits Security
beginning on May 30, 2018 until the
the Act’s provisions limiting the Administration, U.S. Department of
earlier of: (1) May 29, 2019; or (2) the
recovery of antitrust plaintiffs to actual Labor, Room N–1515, 200 Constitution
date of final agency action made by the
damages under specified circumstances. Avenue NW, Washington, DC 20210.
Department in connection with an Warning: All comments received will
Specifically, the members of GCEP have application for longer-term exemptive
amended the agreement between them be included in the public record
relief for the covered transactions without change and may be made
to change the nature and objectives of described herein.
GCEP by extending the termination of available online at http://
Written comments and requests for a www.regulations.gov, including any
GCEP from August 31, 2018, to August public hearing on the proposed
31, 2019, modifying the work personal information provided, unless
exemption should be submitted to the the comment includes information
descriptions of GCEP, and revising the Department within five days from the claimed to be confidential or other
payment obligations of the members. date of publication of this Federal information whose disclosure is
No other changes have been made in Register Notice. restricted by statute. If you submit a
either the membership or planned ADDRESSES: Comments should state the comment, EBSA recommends that you
activity of the group research project. nature of the person’s interest in the include your name and other contact
Membership in this group research proposed exemption and the manner in information in the body of your
project remains open, and GCEP intends which the person would be adversely comment, but DO NOT submit
to file additional written notifications affected by the exemption, if granted. A information that you consider to be
disclosing all changes in membership. request for a hearing can be requested confidential, or otherwise protected
by any interested person who may be (such as Social Security number or an
On March 12, 2003, GCEP filed its
adversely affected by an exemption. A unlisted phone number) or confidential
original notification pursuant to Section
request for a hearing must state: (1) The business information that you do not
6(a) of the Act. The Department of name, address, telephone number, and
Justice published a notice in the Federal want publicly disclosed. However, if
email address of the person making the EBSA cannot read your comment due to
Register pursuant to Section 6(b) of the request; (2) the nature of the person’s technical difficulties and cannot contact
Act on April 4, 2003 (68 FR 16552). interest in the exemption and the you for clarification, EBSA might not be
The last notification was filed with manner in which the person would be able to consider your comment.
the Department on August 17, 2015. A adversely affected by the exemption; Additionally, the http://
notice was published in the Federal and (3) a statement of the issues to be www.regulations.gov website is an
Register pursuant to Section 6(b) of the addressed and a general description of ‘‘anonymous access’’ system, which
Act on September 29, 2015 (80 FR the evidence to be presented at the means EBSA will not know your
daltland on DSKBBV9HB2PROD with NOTICES
58504). hearing. The Department will grant a identity or contact information unless
request for a hearing made in you provide it in the body of your
Patricia A. Brink, accordance with the requirements above comment. If you send an email directly
Director of Civil Enforcement, Antitrust where a hearing is necessary to fully to EBSA without going through http://
Division. explore material factual issues www.regulations.gov, your email
[FR Doc. 2018–05764 Filed 3–21–18; 8:45 am] identified by the person requesting the address will be automatically captured
BILLING CODE 4410–11–P hearing. A notice of such hearing shall and included as part of the comment
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Document Created: 2018-03-22 01:25:06
Document Modified: 2018-03-22 01:25:06
| 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 (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 | 83 FR 12595 |
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