[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33950-33951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13828]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-854 (Enforcement)]
Certain Two-Way Global Satellite Communication Devices, System
and Components Thereof; Issuance of Civil Penalty and Termination of
Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
[[Page 33951]]
Commission has determined to issue a civil penalty order in the amount
of $6,242,500 directed against respondents DeLorme Publishing Company,
Inc. and DeLorme InReach LLC (collectively, ``DeLorme''), both of
Yarmouth, Maine, for a violation of the April 5, 2013, consent order
(``the Consent Order'').
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. 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 at 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 enforcement
proceeding on May 24, 2013, based on an enforcement complaint filed on
behalf of BriarTek IP, Inc. (``BriarTek'') of Alexandria, Virginia. 78
FR 31576-77. The complaint alleged violations of the Consent Order
issued in the underlying investigation by the continued practice of
prohibited activities such as selling or offering for sale within the
United States after importation accused two-way global satellite
communication devices, system, or components thereof that infringe one
or more of claims 1, 2, 5, 10-12, and 34 of U.S. Patent No. 7,991,380
(``the '380 patent''). The Commission's notice of institution of
enforcement proceeding named DeLorme as respondents. 78 FR 31577. The
Office of Unfair Import Investigations was also named as a party. Id.
Claims 5, 11-12, and 34 have been terminated from the enforcement
proceeding.
On March 7, 2014, the presiding administrative law judge (``ALJ'')
issued an enforcement initial determination (``EID'') finding a
violation of the Consent Order. The ALJ concluded that, after issuance
of the consent order, DeLorme has sold or offered for sale within the
United States after importation accused InReach 1.5 devices that
infringe, via inducement, claims 1 and 2 of the '380 patent. The ALJ
also found no induced infringement and therefore no violation of the
Consent Order with respect to accused InReach SE devices. The ALJ also
found no induced infringement and therefore no violation of the Consent
Order with respect to any accused InReach devices sold before, and
activated after, the effective date of the Consent Order. The ALJ also
recommended a civil penalty of $637,500 against DeLorme as an
enforcement measure for the violation. On March 20, 2014, BriarTek,
DeLorme, and the Commission investigative attorney (``IA'') each filed
a petition for review of the EID. On March 27, 2014, BriarTek, DeLorme,
and the IA each filed a response to opposing petitions.
On April 23, 2014, the Commission issued notice of its
determination to review the EID in part, and on review, the Commission
determined to reverse-in-part and vacate-in-part the EID's findings.
Specifically, the Commission determined not to review the ALJ's finding
of a violation of the Consent Order with respect to the infringing
InReach 1.5 devices. The Commission also determined to reverse the
ALJ's finding of no induced infringement and no violation of the
Consent Order with respect to accused InReach SE devices, which
resulted in a finding of a violation of the Consent Order with respect
to these InReach devices. The Commission also determined to reverse the
ALJ's finding of no induced infringement with respect to accused
InReach devices that were sold before, and activated after, the
effective date of the Consent Order. This action did not change the
ALJ's finding of no violation with respect to these InReach devices
sold before, and activated after, the effective date of the Consent
Order. The Commission further determined to vacate the portion of the
ALJ's analysis that relied on Akamai Techs., Inc. v. Limelight
Networks, Inc., 692 F.3d 1301, 1305 (Fed. Cir. 2012) (en banc), cert.
granted, Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct.
895 (2014), to find direct infringement of claims 1 and 2 of the '380
patent through ``use'' of the claimed system by an end user. The
Commission also determined to vacate the portion of the ALJ's analysis
concerning specific intent for induced infringement of these claims
based on Akamai. See EID at 85-86, 92.
The Commission also requested the parties to provide briefing on
the amount of the civil penalty to be imposed and on the public
interest. On April 30, 2014, BriarTek, DeLorme, and the IA each filed a
brief responding to the Commission's request for written submissions.
On May 7, 2014, the parties filed reply briefs.
Having examined the record in this enforcement proceeding,
including the EID and the parties' submissions, the Commission has
determined to impose a civil penalty of $6,242,500 on DeLorme for
violation of the Consent Order on 227 separate days.
The Commission has terminated the enforcement proceeding. 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.
By order of the Commission.
Issued: June 9, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-13828 Filed 6-12-14; 8:45 am]
BILLING CODE 7020-02-P