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United States Court of Appeals for the Federal Circuit
April 12, 2010, Decided
[***1609] [*1322] DYK, Circuit Judge.
SiRF Technology, Inc. ("SiRF"), E-TEN Information Systems Co., Ltd. ("E-TEN"), Pharos Science & Applications, Inc. ("Pharos"), MiTAC International Corp. ("MiTAC"), and Mio Technology Limited, USA ("Mio") (collectively, "appellants") appeal from a decision of the International Trade Commission ("Commission"). The Commission found that appellants violated section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) through the unlawful importation, sale for importation, and sale after importation of [**3] certain Global Positioning System ("GPS") devices and products containing these devices that infringe certain patents owned by Global Locate, Inc. and Broadcom Corp. ("Broadcom") (collectively, "Global Locate"). 1 The Commission issued a limited exclusion order and a cease and desist order. In re Certain GPS Devices & Prods. Containing Same, Inv. No. 337-TA-602 (Int'l Trade Comm'n Jan. 15, 2009) ("Final Determination"). We affirm.
Global Locate owns U.S. Patent No. 6,417,801 ("the '801 patent"), U.S. Patent No. 6,606,346 ("the '346 patent"), U.S. Patent No. 6,651,000 ("the '000 patent"), U.S. Patent No. 6,704,651 ("the '651 patent"), U.S. Patent No. 6,937,187 ("the '187 patent"), and U.S. Patent No. 7,158,080 ("the '080 patent"). These six patents are in the field of GPS technology. GPS is a satellite navigation system comprising thirty-two satellites orbiting Earth that were placed in orbit by the United States and are operated by the United States. These satellites and their orbits are arranged so that at least four satellites are always [**4] in a direct line-of-sight to any point on Earth. The GPS system permits a GPS-enabled receiver to detect signals from at least four satellites and use that information to compute its distance from each satellite, and thus its precise position on Earth, through a process known as trilateration. Each satellite transmits two types of information to a GPS-receiver--(1) a pseudorandom noise ("PN" or "PRN") code, and (2) the Navigation ("NAV") message. PRN codes are used by the receiver to determine the distance to the satellite. NAV messages contain information regarding when the received signals were sent by the satellite, ephemeris data which is data regarding the location and trajectory of the satellite, and almanac information which is information regarding the position of other satellites in the constellation. Conventional GPS receivers depend on both the PRN [*1323] code and the NAV message to calculate their position. The GPS system itself is not patented. However, there are various patents in devices, systems, and methods for processing GPS satellite signals.
It is difficult to receive the NAV message in certain environments due to poor signal reception. In order to solve this problem, Assisted-GPS [**5] ("A-GPS") was developed. In A-GPS systems, the NAV message is collected by a receiving station with an unobstructed view of the sky, and then transmitted to GPS receivers via computer servers and over a connection such as the Internet or a wireless telephone network.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
601 F.3d 1319 *; 2010 U.S. App. LEXIS 7423 **; 94 U.S.P.Q.2D (BNA) 1607 ***
SIRF TECHNOLOGY, INC., E-TEN CORP., PHAROS SCIENCE & APPLICATIONS, INC., MITAC INTERNATIONAL CORP., and MIO TECHNOLOGY LIMITED, USA, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee. and BROADCOM CORPORATION and GLOBAL LOCATE, INC., Intervenors.
Subsequent History: Related proceeding at SiRF Tech. Inc. v. Orrick Herrington & Sutcliffe LLP, 2010 U.S. Dist. LEXIS 62404 (N.D. Cal., June 21, 2010)
Prior History: [**1] On appeal from the United States International Trade Commission in Investigation No. 337-TA-602.
receiver, satellite, Locate, infringement, signal, patent, invention, end user, transmitting, customers, chips, calculate, estimate, assigned, processing, ephemeris, software, compute, files, importation, limitations, plurality, parties, steps, trade secret, technology, Apparatus, automatic, machine, format
Civil Procedure, Justiciability, Standing, General Overview, Patent Law, Jurisdiction & Review, Standards of Review, De Novo Review, Substantial Evidence, International Trade Law, US International Trade Commission Proceedings, Investigations, Business & Corporate Compliance, Ownership, Conveyances, Assignments, Contracts Law, Contract Interpretation, Ambiguities & Contra Proferentem, Recordation, Infringement Actions, Claim Interpretation, Fact & Law Issues, Subject Matter, Utility Patents, Process Patents, Product Patents, Machines