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IPR Enforcement Actions: Marine Sonar Imaging Devices, Windshield Wipers

Tuesday, July 15, 2014
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Investigation of Marine Sonar Imaging Devices. The International Trade Commission has instituted investigation 337-TA-921 to determine whether imports of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same and components thereof, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are commonly used as fish finders, fish finder/GPS combinations, chart plotters, marine multi-function displays, sonar modules and sonar transducers.

Complainants Navico Inc. and Navico Holding AS request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Taiwan and the U.S.

Import Restrictions on Windshield Wiper Devices Under Consideration. In patent infringement investigation 337-TA-881, the International Trade Commission has determined to review in part a final initial determination finding that the importation, sale for importation and sale after importation of certain windshield wiper devices and components thereof are violating a patent asserted by complainants Federal-Mogul Corporation and Federal-Mogul S.A. The ITC is also soliciting comments through July 22 on (a) the form of remedy, if any, that should be ordered (the presiding administrative law judge recommended a limited exclusion order but not any cease and desist orders), (2) the effect any such remedy 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 articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy (the ALJ recommended the imposition of a bond of $0.75 per imported unit).

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