In a 2-1 decision, the U.S. Court of Appeals for the Federal Circuit affirmed the Commission’s decision to impose a penalty in the amount of $6,242,500 against Respondents DeLorme Publishing Company, Inc. and DeLorme InReach LLC (collectively, “DeLorme”) for violating a Consent Order in the Section 337 investigation on Certain Two-Way Global Satellite Communication Devices, Inv. No. 337-TA-854. The Commission found that DeLorme had violated the Consent Order by assembling accused InReach 1.5 devices with converted, previously imported devices, and by assembling accused InReach SE devices using imported plastic housing components. The Federal Circuit affirmed the Commission’s decision even though two claims of the asserted patent that were the subject of the Consent Order had been invalidated in a later proceeding before the U.S. District Court for the Eastern District of Virginia. Instead, the Federal Circuit found that the Consent Order applied at the time DeLorme committed the acts found to violate the Consent Order. The Federal Circuit also found that the Commission’s penalty of more than $6 million was not excessive. The penalty represented a fine of $27,500 per day for 227 days of importations, which was only one-fourth of the amount of daily fines authorized by Section 337 for violations of cease-and-desist orders. The Federal Circuit also found no basis to reverse the Commission’s findings that DeLorme acted in bad faith or that the violative sales greatly benefitted DeLorme. Finally, Judge Taranto dissented from the affirmance of the penalty order on the ground that the Commission was not allowed to consider the effect of the invalidation of the asserted patent on the enforcement of the civil penalty for pre-invalidation violations of the Consent Order.