The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain navigation products, components thereof, and related software. The products at issue in this investigation are navigation products that display a vehicle's heading and position. The accused products are used in aircraft and helicopters, while the domestic products are used in boats.
The investigation is based on a complaint filed on September 30, 2011 by Furuno Electric Co., Ltd., of Japan, and Furuno U.S.A., Inc., of Camas, WA. A supplement to the complaint was filed on October 26, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain navigation products, components thereof, and related software that infringe the patents asserted in the complaint. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Honeywell International, Inc., of Morristown, NJ; and
Skyforce Avionics Ltd. of the United Kingdom.
By instituting this investigation (337-TA-810), the USITC has not yet made any decision on the merits of the case. The USITC's Acting Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.