[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12595-12596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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