By Eric Schweibenz and Tom Yebernetsky
On November 12, 2015, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its precedential opinion
in DeLorme Publ’g Co., Inc. v. ITC
(2014-1572). This was an appeal from the U.S. International Trade Commission’s (“the Commission”) determination finding a violation of the consent order entered in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof
(Inv. No. 337-TA-854).
By way of background, the Commission instituted the underlying investigation on September 18, 2012 based on BriarTek IP, Inc.’s (“BriarTek”) complaint of August 17, 2012. See
our September 19, 2012 post
for more details. On March 15, 2013, former ALJ Robert K. Rogers, Jr. granted a motion by DeLorme Publishing Co., Inc. and DeLorme InReach, LLC (collectively, “DeLorme”) to terminate the investigation and for entry of a proposed consent order (“the Consent Order”). See
our March 19, 2013 post
for more details. In the consent order, DeLorme agreed that it would not import or sell two-way global satellite communication devices, systems, or components thereof that infringe BriarTek’s U.S. Patent No. 7,991,380 (the ’380 patent) after April 1, 2013. On April 10, 2013, BriarTek filed an enforcement complaint alleging that DeLorme violated the Consent Order. See
our April 11, 2013 post
for more details. On July 2, 2014, the Commission issued the public version of its opinion in the enforcement proceeding determining that DeLorme violated the Consent Order and imposed a civil penalty of $6,242,500. See
our July 9, 2014 post
for more details.