ITC Modifies Limited Exclusion Orders To Cover Non-Infringing Components

On August 29, 2016, the International Trade Commission ("ITC") issued an Opinion in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing Same, and Components Thereof, Inv. No. 337-TA-921, modifying the limited exclusion order previously entered in the investigation. In the original limited exclusion order, the Commission precluded importation of respondent Garmin's sonar imaging devices, which incorporated transducers—a component of sonar imaging devices—that together infringe the asserted patents. In the original opinion, the Commission specifically carved out from the exclusion order those individual transducers, which are not incorporated into sonar imaging devices at the time of importation. The Commission's rationale for this carve-out was that complainant Navico failed to prove contributory or induced infringement with respect to the stand-alone transducers. The Commission has now modified its order by clarifying