Garmin International Inc. announced today it would appeal a ruling by an Administrative Law Judge (ALJ) at the International Trade Commission (ITC) that Garmin’s first generation of SideVü sonar products were too similar to some claims of one of the three patents asserted by Johnson Outdoors.
The ALJ made the initial determination, which found no violation with respect to the two other patents, in the investigation brought by Johnson Outdoors against Garmin.
“Humminbird’s pioneering, patented side scan sonar technology, marketed under its Side Imaging brand, is the gold standard in fishfinders. This reflects our unique understanding of anglers and our expertise in designing products which provide the best fishing experience on the water,” said Helen Johnson-Leipold, Chairman & CEO, Johnson Outdoors. “We are recognized as an innovation leader a Company that respects the intellectual property of others and protects its own. Obviously, we’re pleased by this initial victory and look forward to a final resolution by the ITC regarding this matter in the months ahead.”
According to Johnson Outdoors, the ALJ also found that all three patents asserted by Johnson Outdoors are valid and enforceable and that numerous models of Garmin’s SideVü sonars directly infringe six of Johnson Outdoors' patent claims. Should the full ITC adopt the ruling, Garmin’s infringing SideVü sonars, which are manufactured overseas, would be excluded from import into the United States and Johnson Outdoor would pursue a cease and desist order prohibiting Garmin from selling any infringing product from its inventory.
Garmin said it will seek review by the ITC, but also said it is developing improvements to its current SideVü sonar products that “eliminate the configuration at issue in the ITC investigation.” Garmin expects these products to be in the marketplace before any ITC final determination becomes effective.
“Garmin disagrees with the ALJ’s initial determination as we believe Garmin’s current SideVü products are not covered by any valid Johnson Outdoors patent,” said Andrew Etkind, Garmin’s vice president and general counsel. “Nevertheless, even if affirmed by the ITC, we do not expect the ruling to have any impact on Garmin customers or products. Garmin already has improvements under development that eliminate this point of contention in our sonar products. Any ruling will have no impact on Garmin products already purchased by our customers and dealers.”
