In the Matter of Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same; Notice of Commission Determination That No Violation of Section 337 Exists; Termination of Investigation, 38417 [2011-16317]

Download as PDF Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices from the effective date of publication in the Federal Register unless, prior to the end of the 2-year period, the BLM publishes a Federal Register notice terminating the segregation. The lands to be segregated are identified in the proposed withdrawal notice that was published in the Federal Register on April 21, 2011 (76 FR 22414). Michael D. Nedd, Assistant Director, Minerals and Realty Management. [FR Doc. 2011–16429 Filed 6–29–11; 8:45 am] BILLING CODE 4310–84–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–694] In the Matter of Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same; Notice of Commission Determination That No Violation of Section 337 Exists; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm, on modified grounds, the final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on December 16, 2010, finding no violation of section 337 in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// 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. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:24 Jun 29, 2011 Jkt 223001 The Commission instituted the instant investigation on December 16, 2009, based on a complaint filed by Pioneer Corporation of Tokyo, Japan and Pioneer Electronics (USA) Inc. of Long Beach, California (collectively, ‘‘Pioneer’’). 74 FR 66676 (Dec. 16, 2009). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain multimedia display and navigation devices and systems, components thereof, and products containing same by reason of infringement of various claims of United States Patent Nos. 5,365,448 (‘‘the ’448 patent’’), 5,424,951 (‘‘the ’951 patent’’), and 6,122,592 (‘‘the ’592 patent’’). The complaint named Garmin International, Inc. of Olathe, Kansas, Garmin Corporation of Taiwan (collectively, ‘‘Garmin’’) and Honeywell International Inc. of Morristown, New Jersey (‘‘Honeywell’’) as the proposed respondents. Honeywell was subsequently terminated from the investigation. On December 16, 2010, the ALJ issued a final ID. In his final ID, the ALJ found no violation of section 337 by Garmin. Specifically, the ALJ found that the accused products do not infringe claims 1 and 2 of the ’448 patent, claims 1 and 2 of the ’951 patent, or claims 1 and 2 of the ’592 patent. The ALJ found that the ’592 patent was not proven to be invalid and that Pioneer has established a domestic industry under 19 U.S.C. 1337(a)(3)(C). On February 23, 2011, the Commission determined to review the final ID in part. On April 18, 2011, the Commission determined to extend the target date and requested supplemental briefing. Having examined the record of this investigation, including the ALJ’s final ID and the submissions of the parties, the Commission has determined to affirm, on modified grounds, the ALJ’s finding that Garmin has not violated section 337. In particular, the Commission has determined to reverse the ALJ’s finding that Garmin’s products do not infringe the asserted claims of the ’951 patent, affirm his finding that Garmin’s products do not infringe the asserted claims of the ’592 patent, reverse his finding that the asserted claims of the ’592 patent are not invalid under the written description requirement of 35 U.S.C. 112, first paragraph, and reverse his finding that Pioneer has established a licensingbased domestic industry for the ’951 and ‘592 patents. The ‘448 patent is no SUPPLEMENTARY INFORMATION: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 38417 longer asserted. The investigation is terminated. 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 sections 210.42–.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.50). Issued: June 24, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–16317 Filed 6–29–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–780] In the Matter of Certain Protective Cases and Components Thereof; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 25, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Otter Products, LLC of Fort Collins, Colorado. A supplement was filed on June 16, 2011. The complaint, as supplemented, 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 protective cases and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,933,122 (‘‘the ’122 patent’’); U.S. Patent No. D600,908 (‘‘the ’908 patent’’); U.S. Patent No. D617,784 (‘‘the ’784 patent’’); U.S. Patent No. D615,536 (‘‘the ’536 patent’’); U.S. Patent No. D617,785 (‘‘the ’785 patent’’); U.S. Patent No. D634,741 (‘‘the ’741 patent’’); U.S. Patent No. D636,386 (‘‘the ’386 patent’’); and U.S. Trademark Registration No. 3,788,534 (‘‘the ’534 trademark’’); U.S. Trademark Registration No. 3,788,535 (‘‘the ’535 trademark’’); U.S. Trademark Registration No. 3,623,789 (‘‘the ’789 trademark’’); and U.S. Trademark Registration No. 3,795,187 (‘‘the ’187 trademark’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation SUMMARY: E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Page 38417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16317]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-694]


 In the Matter of Certain Multimedia Display and Navigation 
Devices and Systems, Components Thereof, and Products Containing Same; 
Notice of Commission Determination That No Violation of Section 337 
Exists; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm, on modified grounds, the final 
initial determination (``ID'') issued by the presiding administrative 
law judge (``ALJ'') on December 16, 2010, finding no violation of 
section 337 in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. 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 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://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 the instant 
investigation on December 16, 2009, based on a complaint filed by 
Pioneer Corporation of Tokyo, Japan and Pioneer Electronics (USA) Inc. 
of Long Beach, California (collectively, ``Pioneer''). 74 FR 66676 
(Dec. 16, 2009). The complaint alleged violations of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain multimedia display and navigation devices 
and systems, components thereof, and products containing same by reason 
of infringement of various claims of United States Patent Nos. 
5,365,448 (``the '448 patent''), 5,424,951 (``the '951 patent''), and 
6,122,592 (``the '592 patent''). The complaint named Garmin 
International, Inc. of Olathe, Kansas, Garmin Corporation of Taiwan 
(collectively, ``Garmin'') and Honeywell International Inc. of 
Morristown, New Jersey (``Honeywell'') as the proposed respondents. 
Honeywell was subsequently terminated from the investigation.
    On December 16, 2010, the ALJ issued a final ID. In his final ID, 
the ALJ found no violation of section 337 by Garmin. Specifically, the 
ALJ found that the accused products do not infringe claims 1 and 2 of 
the '448 patent, claims 1 and 2 of the '951 patent, or claims 1 and 2 
of the '592 patent. The ALJ found that the '592 patent was not proven 
to be invalid and that Pioneer has established a domestic industry 
under 19 U.S.C. 1337(a)(3)(C). On February 23, 2011, the Commission 
determined to review the final ID in part. On April 18, 2011, the 
Commission determined to extend the target date and requested 
supplemental briefing.
    Having examined the record of this investigation, including the 
ALJ's final ID and the submissions of the parties, the Commission has 
determined to affirm, on modified grounds, the ALJ's finding that 
Garmin has not violated section 337. In particular, the Commission has 
determined to reverse the ALJ's finding that Garmin's products do not 
infringe the asserted claims of the '951 patent, affirm his finding 
that Garmin's products do not infringe the asserted claims of the '592 
patent, reverse his finding that the asserted claims of the '592 patent 
are not invalid under the written description requirement of 35 U.S.C. 
112, first paragraph, and reverse his finding that Pioneer has 
established a licensing-based domestic industry for the '951 and `592 
patents. The `448 patent is no longer asserted. The investigation is 
terminated.
    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 sections 210.42-.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-.50).

    Issued: June 24, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-16317 Filed 6-29-11; 8:45 am]
BILLING CODE 7020-02-P
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