Delorme Publ. Co. v. ITC

Delorme Publ. Co. v. ITC

Opinion

 [***1143]  [*1330]   Moore, Circuit Judge.

DeLorme Publishing Company, Inc. and DeLorme InReach LLC (collectively, "DeLorme") appeal from a decision by the International Trade Commission ("Commission") (1) finding that DeLorme violated a consent order by selling InReach 1.5 and SE devices containing imported components, and (2) imposing a civil penalty of $6,242,500. Certain Two-Way Global Satellite Communication Devices, System and Components Thereof, Inv. No. 337-TA-854 (Enforcement), Comm'n Op. (June 17, 2014) (J.A. 40-90) ("Comm'n Op."). We affirm.

Background

In September 2012, the Commission instituted an investigation to [**2]  determine if DeLorme was violating section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, by importing, selling for importation, or selling after importation "certain two-way global satellite communication devices, system and components thereof" that allegedly infringed claims 1, 2, 5, 10-12, and 34 of BriarTek IP, Inc.'s U.S. Patent No. 7,991,380. Certain Two-Way Global Satellite Communication Devices, System and Components Thereof, Inv. No. 337-TA-854, Notice of Institution of Investigation (Sept. 17, 2012) (J.A. 420-22). The '380 patent is directed to emergency monitoring and reporting systems comprising a user unit and a monitoring system that communicate through a satellite network. The accused products included DeLorme's InReach 1.0 and 1.5 satellite-communication devices, as well as the software and service plan used with the devices.

In April 2013, the Commission terminated the investigation based on entry of a consent order proposed by DeLorme. Certain Two-Way  [***1144]  Global Satellite Communication Devices, System and Components Thereof, Inv. No. 337-TA-854, Termination of Investigation (Apr. 5, 2013) (J.A. 1505-06). In the consent order, DeLorme agreed to the following:

Upon entry of the proposed Consent Order, DeLorme shall not [**3]  import into the United States, sell for importation into the United States, or sell or offer for sale within the United States after importation any two-way global satellite communication devices, system, and components thereof, that infringe claims 1, 2, 5, 10-12, and 34 of the '380 Patent after April 1, 2013, until the expiration, invalidation, and/or unenforceability of the '380 Patent.

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