On September 10, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 10 (dated August 20, 2013) denying Respondents DeLorme Publishing Company, Inc. and Delorme InReach, LLC’s (collectively, “DeLorme”) motion for summary determination in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854).
By way of background, the International Trade Commission (the “Commission”) instituted the underlying investigation on September 18, 2012 based on BriarTek IP, Inc.’s (“BriarTek”) complaint of August 17, 2012. See our September 19, 2012 post for more details. On March 15, 2013, ALJ Robert K. Rogers granted a motion by DeLorme to terminate the investigation and for entry of a proposed consent order (“the consent order”). See our March 19, 2013 post for more details. In the consent order, DeLorme agreed that it would not import or sell two-way global satellite communication devices, systems, or components thereof that infringe U.S. Patent No. 7,991,380 (the ‘380 patent) after April 1, 2013. On April 10, 2013, BriarTek filed an enforcement complaint alleging that DeLorme violated the consent order. See our April 11, 2013 post for additional details.
According to the Order, DeLorme’s motion sought a summary determination that DeLorme did not violate the consent order by obtaining Iridium satellite modems from a Virginia-based company and Apple iOS authentication chips from a California-based company. BriarTek opposed the motion and the Commission Investigative Staff filed a response supporting-in-part and opposing-in-part the motion. ALJ Bullock denied the motion finding that, because genuine issues of material fact remained, summary determination was not appropriate.