Fitzpatrick Obtains Final Determination of Section 337 Violation on Behalf of Johnson Outdoors
On November 18, 2015, the U.S. International Trade Commission issued a Final Determination in favor of Fitzpatrick clients Johnson Outdoors Inc. and Johnson Outdoors Marine Electronics, Inc., finding a violation of section 337 of the Tariff Act of 1930 by respondents Garmin International, Inc., Garmin North America, Inc., Garmin USA, Inc. and Garmin Corporation. The Commission affirmed a prior ruling by Administrative Law Judge Essex that found all three Johnson Outdoors side scan sonar patents, which cover Johnson Outdoors’ highly successful Humminbird® Side Imaging® fishfinders, valid and enforceable. The Commission held that Garmin’s SideVü/DownVü brand fishfinders infringed one of those patents. The Commission issued limited exclusion and cease-and-desist orders that will prevent Garmin from importing and selling the infringing SideVü/DownVü fishfinders. The Fitzpatrick team was led by partners Douglas Sharrott, Robert Fischer, Michael McGraw; of counsel Edward Vassallo; and associates Andrew Kutas and Seth Boeshore.