[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Pages 73211-73212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29857]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-926]


Certain Marine Sonar Imaging Systems, Products Containing the 
Same, and Components Thereof; Commission's Final Determination Finding 
a Violation of Section 337; Issuance of Limited Exclusion Order and 
Cease and Desist Orders; Termination of the 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 found a violation of section 337 in this investigation 
and has (1) issued a limited exclusion order prohibiting importation of 
infringing marine sonar imaging systems, products containing the same, 
and components thereof and (2) issued cease and desist orders directed 
to the domestic respondents. The investigation is terminated.

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 FR 49536 
(Aug. 21, 2014). The complaint alleges 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 is not a party to the investigation.
    On January 30, 2015, the parties entered into a stipulation that 
the domestic industry requirement was met. The parties also agreed to a 
stipulation regarding importation of Garmin accused products. That same 
day, Johnson Outdoors filed two unopposed motions for summary 
determination: (1) That Garmin's importation and sales satisfy the 
importation requirement and (2) that Johnson Outdoors satisfies the

[[Page 73212]]

domestic industry requirement. On March 24, 2015, the ALJ granted 
Johnson Outdoors' summary determination motions in Order Nos. 14 and 
15, respectively. The Commission determined not to review these orders. 
See Notice of Commission Determination Not to Review Two Initial 
Determinations Granting Unopposed Motions for Summary Determinations of 
Importation and the Existence of a Domestic Industry That Practices the 
Asserted Patents (April 22, 2015).
    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. Specifically, the ID found that the 
Commission has subject matter jurisdiction, in rem jurisdiction over 
the accused products, and in personam jurisdiction over Garmin. ID at 
21. The ID further found that the accused products infringe asserted 
claims 14, 18, 21, 22, 23, and 33 of the '974 patent but do not 
infringe the asserted claims of the '952 and '825 patents or claim 25 
of the '974 patent. See ID at 55-57, 58-59, and 60-62. The ID also 
found that Garmin failed to establish by clear and convincing evidence 
that the asserted claims of the '952, '825, or '974 patents were 
anticipated or rendered obvious by the cited prior art references. See 
id. at 68-80, 89-100. Finally, the ID found that the '952, '825, and 
'974 patents are not unenforceable due to inequitable conduct and that 
the '952 patent is not invalid under 35 U.S.C. 102(f) for derivation. 
ID at 80-83, 100-109.
    On July 27, 2015, Garmin filed a petition for review of the ID. 
That same day, Johnson Outdoors filed a contingent petition 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 FR 55872-74 (Sept. 17, 2015). 
Specifically, the Commission asked the parties to discuss any impact on 
the ID's findings if it were to construe the claim term ``mounted to a 
boat'' to mean ``proximately secured to the boat in a fixed manner.''
    On September 21, 2015, the parties filed written submissions on the 
issues under review, remedy, the public interest, and bonding. On 
September 28, 2015, the parties filed reply submissions.
    Having examined the record of this investigation, including the 
final ID, and the parties' submissions, the Commission has determined 
to modify the ID's construction of the claim term ``mounted to a 
boat,'' a claim term recited in each of the asserted claims of the 
'952, '974, and '825 patents (save for asserted claim 29 of the '825 
patent), which the ID construed as ``attached to a bottom surface of 
the boat.'' Instead, the Commission adopts the construction proposed by 
complainants before the ALJ and construes the limitation to mean 
``proximately secured to the boat in a fixed manner.'' The Commission 
finds that the record evidence supports the ID's findings on 
infringement and invalidity based on this construction. The Commission 
has 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. The Commission further finds a 
violation of Section 337 with respect to claims 14, 18, 21-23, and 33 
of the '974 patent. The Commission adopts the ID's findings to the 
extent they are not inconsistent with the Commission opinion issued 
herewith.
    Having found a violation of section 337 in this investigation, the 
Commission has determined that the appropriate form of relief is: (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 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 include the following exemptions: 
(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.
    The Commission has also determined that the public interest factors 
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not 
preclude issuance of the limited exclusion order or cease and desist 
orders. Finally, the Commission has determined that a bond in the 
amount of zero is required to permit temporary importation during the 
period of Presidential review (19 U.S.C. 1337(j)) of marine sonar 
imaging systems, products containing the same, and components thereof 
that are subject to the remedial orders. The Commission's orders and 
opinion were delivered to the President and to the United States Trade 
Representative on the day of their issuance.
    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).

    Issued: November 18, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-29857 Filed 11-23-15; 8:45 am]
BILLING CODE 7020-02-P