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IPR Import Restrictions Under Consideration for Marine Sonar Imaging Devices

Monday, September 07, 2015
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-921 of marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof, the International Trade Commission has determined to review in part the presiding administrative law judge’s final initial determination that the claims of each patent asserted by Navico Inc. and Navico Holding AS are not infringed and were not shown to be invalid for anticipation or obviousness and that the economic prong of the domestic industry requirement was not satisfied with respect to one patent.

The ALJ also said that if the ITC were to find a section 337 violation in this case it should issue a limited exclusion order and a cease and desist order and impose an eight percent bond on imports of each infringing device during the 60-day presidential review period. The ITC is therefore requesting no later than Sept. 14 comments from all interested parties on (1) the form of remedy, if any, that should be ordered, (2) the effect that an exclusion order and/or cease and desist orders would have on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers, and (3) the amount of the bond under which infringing imports could enter the U.S. during the 60-day presidential review period.

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