Garmin International Inc., a unit of Garmin Ltd. on Monday announced its response to a modified order by the International Trade Commission on August 18, 2016, in the long-running investigation brought by Navico Holdings AS against Garmin.
Navico issued its response last week. Garmin has said it disagrees with Navico’s interpretation of the order.
The modified ITC order did not address Garmin’s new tilted DownVü scanning sonar transducer design – which Garmin strongly asserts does not infringe – that has been shipping since last December when the previous decision was made by the ITC, the company said Monday.
According to Garmin, the status of the company’s new tilted transducer design relative to any of Navico’s patents “is still a matter pending before the courts and government agencies, and Navico has never accused Garmin’s new tilted design of infringement before the ITC.
“On August 25, 2016, Navico issued a press release regarding the ITC’s modified order that incorrectly asserts that the new tilted design infringes on their patents as no court or government agency has ever made any infringement ruling on Garmin’s new tilted transducer design,” the company said in a statement. “In fact, the modified ITC order confirmed the ITC’s previous decision made in December 2015, that Garmin can import and sell Garmin DownVü scanning sonar transducers, including the original design, because they do not separately infringe any valid claim of Navico’s patents. The modified ITC order also left in place the ITC’s earlier decision that Garmin’s chartplotters do not infringe any of Navico’s patents. It clarifies the certification language that Garmin may use when importing its transducers which is a procedural matter.”
Garmin also said that the order does not apply to any existing distributor, dealer, or retailer inventory or any
products already purchased by our customers.
“Garmin fully cooperated with U.S. Customs and Border Patrol (CBP) after the ITC’s original order to ensure that the importation of its products were in full compliance with the ITC’s order,” the company said. “Garmin is currently cooperating with CBP to ensure compliance with the ITC’s modified order and will provide relevant information to our distributors, dealers, and retailers as it becomes available.”
The dispute is currently pending before the Court of Appeals for the Federal Circuit and Garmin said it anticipates a “definitive ruling” in early 2017.