Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof

Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof

USITC (2015)

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.