[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Notices]
[Pages 68861-68862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27318]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-900]


Certain Navigation Products, Including GPS Devices, Navigation 
and Display Systems, Radar Systems, Navigational Aids, Mapping Systems 
and Related Software; Institution of Investigation Pursuant to 19 
U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 23, 2013, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Furuno Electric Co., Ltd. of Japan and Furuno U.S.A., Inc. of 
Camas, Washington. The complaint alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain navigation products, including GPS devices, navigation and 
display systems, radar systems, navigational aids, mapping systems and 
related software by reason of infringement of certain claims of U.S. 
Patent No. 6,084,565 (``the '565 patent'');

[[Page 68862]]

U.S. Patent No. 6,424,292 (``the '292 patent''); U.S. Patent No. 
7,161,561 (``the '561 patent''); and U.S. Patent No. 7,768,447 (``the 
'447 patent''). The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 8, 2013, ordered that --
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain navigation 
products, including GPS devices, navigation and display systems, radar 
systems, navigational aids, mapping systems and related software by 
reason of infringement of one or more of claims 1-5, and 7-20 of the 
'565 patent; claims 1-6 of the '292 patent; claims 1-10, 12, and 14 of 
the '561 patent; and claims 1-25 of the '447 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), 
(g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

    (a) The complainants are:

Furuno Electric Co., Ltd., 9-52 Ashihara-cho, Nishinomiya City, Hyogo, 
662-8580 Japan
Furuno U.S.A., Inc., 4400 NW. Pacific Rim Boulevard, Camas, WA 98607

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Garmin Ltd., M[uuml]hlentalstrasse 2, 8200 Schaffhausen, Switzerland
Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062
Garmin North America, Inc., 1200 East 151st Street, Olathe, KS 66062
Garmin USA, Inc., 1200 East 151st Street, Olathe, KS 66062
Navico Holding AS, Ny[aring]skaiveien 2, 4370 Egersund, Norway
Navico UK Limited, Premier Way, Abbey Park, Romsey Hampshire, S051 9DH, 
United Kingdom
Navico Inc., 4500 S. 129th East Avenue, Suite 200, Tulsa, OK 74134
Raymarine, Inc., 9 Townsend West, Nashua, NH 03063
Raymarine UK Ltd., Marine House, Cartwright Drive, Fareham, PO15 5RJ, 
United Kingdom

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

     Issued: November 8, 2013.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-27318 Filed 11-14-13; 8:45 am]
BILLING CODE 7020-02-P