[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Page 38417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16317]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-694]


 In the Matter of Certain Multimedia Display and Navigation 
Devices and Systems, Components Thereof, and Products Containing Same; 
Notice of Commission Determination That No Violation of Section 337 
Exists; Termination of Investigation

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 affirm, on modified grounds, the final 
initial determination (``ID'') issued by the presiding administrative 
law judge (``ALJ'') on December 16, 2010, finding no violation of 
section 337 in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. 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 at 
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 the instant 
investigation on December 16, 2009, based on a complaint filed by 
Pioneer Corporation of Tokyo, Japan and Pioneer Electronics (USA) Inc. 
of Long Beach, California (collectively, ``Pioneer''). 74 FR 66676 
(Dec. 16, 2009). The complaint alleged violations of section 337 of the 
Tariff Act of 1930 (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 multimedia display and navigation devices 
and systems, components thereof, and products containing same by reason 
of infringement of various claims of United States Patent Nos. 
5,365,448 (``the '448 patent''), 5,424,951 (``the '951 patent''), and 
6,122,592 (``the '592 patent''). The complaint named Garmin 
International, Inc. of Olathe, Kansas, Garmin Corporation of Taiwan 
(collectively, ``Garmin'') and Honeywell International Inc. of 
Morristown, New Jersey (``Honeywell'') as the proposed respondents. 
Honeywell was subsequently terminated from the investigation.
    On December 16, 2010, the ALJ issued a final ID. In his final ID, 
the ALJ found no violation of section 337 by Garmin. Specifically, the 
ALJ found that the accused products do not infringe claims 1 and 2 of 
the '448 patent, claims 1 and 2 of the '951 patent, or claims 1 and 2 
of the '592 patent. The ALJ found that the '592 patent was not proven 
to be invalid and that Pioneer has established a domestic industry 
under 19 U.S.C. 1337(a)(3)(C). On February 23, 2011, the Commission 
determined to review the final ID in part. On April 18, 2011, the 
Commission determined to extend the target date and requested 
supplemental briefing.
    Having examined the record of this investigation, including the 
ALJ's final ID and the submissions of the parties, the Commission has 
determined to affirm, on modified grounds, the ALJ's finding that 
Garmin has not violated section 337. In particular, the Commission has 
determined to reverse the ALJ's finding that Garmin's products do not 
infringe the asserted claims of the '951 patent, affirm his finding 
that Garmin's products do not infringe the asserted claims of the '592 
patent, reverse his finding that the asserted claims of the '592 patent 
are not invalid under the written description requirement of 35 U.S.C. 
112, first paragraph, and reverse his finding that Pioneer has 
established a licensing-based domestic industry for the '951 and `592 
patents. The `448 patent is no longer asserted. The investigation is 
terminated.
    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 sections 210.42-.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-.50).

    Issued: June 24, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-16317 Filed 6-29-11; 8:45 am]
BILLING CODE 7020-02-P