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United States Court of Appeals for the Federal Circuit
November 12, 2015, Decided
[***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.
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.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
805 F.3d 1328 *; 2015 U.S. App. LEXIS 19660 **; 117 U.S.P.Q.2D (BNA) 1141 ***; 37 Int'l Trade Rep. (BNA) 2476
DELORME PUBLISHING COMPANY, INC., DELORME INREACH LLC, Appellants v. INTERNATIONAL TRADE COMMISSION, Appellee
Subsequent History: US Supreme Court certiorari denied by DBN Holding, Inc. v. ITC, 137 S. Ct. 538, 196 L. Ed. 2d 403, 2016 U.S. LEXIS 7088 (U.S., Nov. 28, 2016)
Prior History: [**1] Appeal from the United States International Trade Commission in Investigation No. 337-TA-854.
DeLorme Publ'g Co. v. BriarTek IP, Inc., 60 F. Supp. 3d 652, 2014 U.S. Dist. LEXIS 162197 (E.D. Va., Nov. 19, 2014)
consent order, invalidation, importation, patent, infringement, civil penalty, expiration, argues, unenforceability, terms, injunction, ePlus, non-reviewable, satellite, selling, communication device, contempt, trigger, two-way, vacated, global, unambiguous, violating, civil contempt, adjudicated, decree, district court, regulations, occurs, retroactively
Business & Corporate Compliance, Infringement Actions, Patent Law, Infringement Actions, International Trade Law, US International Trade Commission Proceedings, Judicial Review, Contracts Law, Contract Interpretation, Infringing Acts, Indirect Infringement, Patent Law, Defenses, Patent Invalidity, US International Trade Commission Proceedings, Civil Procedure, Judgments, Entry of Judgments, Consent Decrees, Sanctions, Contempt, Civil Contempt