By Eric Schweibenz
On April 10, 2013, BriarTek IP, Inc. of Alexandria, Virginia (“BriarTek”) filed an enforcement complaint in Certain Two-Way Global Satellite Communication Devices, Systems, and Components Thereof (Inv. No. 337-TA-854).  The enforcement complaint alleges that DeLorme Publishing Co., Inc. and DeLorme InReach LLC d/b/a InReach LLC (collectively, “DeLorme”)—both of Yarmouth, Maine—have violated a consent order entered in the underlying investigation.

By way of background, the International Trade Commission (the “Commission”) instituted the underlying investigation on September 18, 2012 based on BriarTek’s complaint of August 17, 2012 and subsequent filings.  See our September 19, 2012 post for more details.  On March 7, 2013, DeLorme moved to terminate the investigation and for entry of a proposed consent order.  ALJ Robert K. Rogers, Jr. granted DeLorme’s motion on March 15, 2013.  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 U.S. Patent No. 7,991,380 (the ‘380 patent) after April 1, 2013.

In the enforcement complaint, BriarTek alleges that DeLorme has been infringing and inducing others to infringe the ‘380 patent since April 2, 2013.  The enforcement complaint specifically refers to InReach 1.0, 1.5, and SE devices, and Iridium 9602 and 9603 satellite modems, as infringing products.

In view of these alleged violations of the consent order, BriarTek requests that the Commission institute a formal enforcement proceeding pursuant to 19 C.F.R. § 210.75.  With respect to potential remedy, BriarTek requests that the Commission issue a permanent cease and desist order prohibiting DeLorme and parties acting in concert with it from engaging in illegal activities.  BriarTek further requests that the Commission modify ALJ Rogers’s consent order in any manner that would assist in the prevention of the unfair practices that were originally the basis for the consent order, or in the detection of any further violations.  BriarTek also requests that the Commission impose civil penalties pursuant to 19 U.S.C. § 1337(f), and if necessary, bring an appropriate civil action in a U.S. district court to recover such civil penalties.  Lastly, BriarTek requests that the Commission impose such other remedies and sanctions as are appropriate and within the Commission’s authority.