[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40778-40779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16400]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-921]
Certain Marine Sonar Imaging Devices, Including Downscan and
Sidescan Devices, Products Containing the Same, and Components Thereof;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 9, 2014, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Navico, Inc. of Tulsa, Oklahoma and Navico Holding AS of Egersund,
Norway. The complaint alleges violations of section 337 based upon 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 No. 8,305,840 (``the `840 patent''),
U.S. Patent No. 8,300,499 (``the `499 patent''), and U.S. Patent No.
8,605,550 (``the `550 patent''). The complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (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.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2014).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 7, 2014, ORDERED THAT--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or 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 one or more of claims 1-20, 22-27, 29-46, 49-59, 61-63, 66, 68-73 of
the `840 patent, 1, 2, 4-7, 16, 19-21, 23-25, 27-30, 39, 42-44, 46-49,
58, 62-66, and 69-81 of the `499 patent, and claims 1-5, 7, 12-15, 17,
19-25, 32-36, 38-42, 44-45, 47-52, and 57 of the `550 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Navico, Inc., 4500 South 129th East Avenue, Suite 200, Tulsa, Oklahoma
74134.
Navico Holding AS, Ny[aring]skaiveien 2, 4370 Egersund, Norway.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Garmin International, Inc., 1200 East 121st Street, Olathe, Kansas
66062.
Garmin North America, Inc., 1200 East 121st Street, Olathe, Kansas
66062.
Garmin USA, Inc., 1200 East 121st Street, Olathe, Kansas 66062.
Garmin (Asia) Corporation, No. 68, Zhangshu 2nd Road, Xizhi District,
New Taipei City 221, Taiwan.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of
[[Page 40779]]
investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: July 9, 2014.
By order of the Commission.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-16400 Filed 7-11-14; 8:45 am]
BILLING CODE 7020-02-P