By Eric Schweibenz and Alex Englehart
On February 16, 2016, Navico, Inc. of Tulsa, Oklahoma and Navico Holding AS of Norway (collectively, “Navico”) filed an enforcement complaint in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921).  The enforcement complaint alleges that Garmin International, Inc. and Garmin USA, Inc. (collectively, “Garmin”)—both of Olathe, Kansas—have violated cease and desist orders (“CDOs”) issued in the underlying investigation.

By way of background, the underling investigation is based on a June 9, 2014 complaint filed by Navico alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,305,840 (the ‘840 patent), 8,300,499 (the ‘499 patent), and 8,605,550 (the ‘550 patent).  See our July 11, 2014 post for more details on the underlying investigation.  On December 1, 2015, the Commission issued its final determination finding a violation of Section 337 by Garmin and others based on infringement of certain claims of the ‘840 and ‘550 patents.  The Commission issued a limited exclusion order and CDOs directed at Garmin.

In the enforcement complaint, Navico alleges that Garmin has violated the CDOs issued in the underlying investigation.  In particular, Navico accuses Garmin of continuing to advertise, market, and promote infringing products covered by the CDOs and of aiding and abetting Garmin’s authorized distributors and dealers in their continuing distribution and sale of infringing products covered by the CDOs.

In view of these alleged violations of the CDOs, Navico requests that the Commission institute a formal enforcement proceeding pursuant to 19 C.F.R. § 210.75.  With respect to potential remedy, Navico requests that the Commission impose civil penalties for violation of the CDOs, and if necessary, bring a civil action in an appropriate U.S. district court pursuant to 19 C.F.R. § 210.75 requesting the imposition of such civil penalties or the issuance of such injunctions as the Commission deems necessary to enforce its orders and protect the public interest.