ITC Institutes Patent Investigation on Certain GPS Devices
The International Trade Commission has instituted a section 337 patent-based investigation of certain multimedia display and navigation devices and systems, components thereof, and products containing same pursuant to a complaint.
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The products at issue in this investigation are portable GPS devices.
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Pioneer Corporation of Toyko, Japan, and Pioneer Electronics (USA) Inc. of Long Beach, CA, on November 13, 2009. A letter supplementing the complaint was filed on December 4, 2009.
The complaint alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain multimedia display and navigation devices and systems, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,365,448; 6,122,592; and 5,424,951.
The complainants request that after the investigation, the ITC issue an exclusion order and a cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
- Garmin International, Inc., of Olathe, KS;
- Garmin Corporation of Shijr, Taipei County, Taiwan; and
- Honeywell International Inc., of Morristown, NJ
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Christopher Paulraj (202) 205-3052
ITC notice (Inv. No. 337-TA-694, FR Pub 12/16/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-29824.pdf
ITC press release (No. 09-102, dated 12/10/09) available at http://www.usitc.gov/press_room/news_release/2009/er1210gg1.htm