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IPR Enforcement Actions on Marine Sonar Imaging Devices, Satellite Communication Devices

Friday, June 13, 2014
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Marine Sonar Imaging Devices Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than June 23 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Navico Inc. and Navico Holdings AS Inc. against certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

$6.2 Million Penalty for Violating Consent Order on Satellite Communication Devices. The International Trade Commission has determined to issue a $6.2 million civil penalty against a respondent for violating an April 2013 consent order in patent infringement investigation 337-TA-854 of certain two-way global satellite communication devices, systems and components. This penalty follows the ITC’s determination that after the consent order was issued the respondent continued to sell or offer for sale within the U.S. after importation devices that infringe a patent owned by complainant Briartek IP Inc.

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