On September 30, 2011, Furuno Electric Co., Ltd. of Japan and Furuno U.S.A., Inc. of Camas, Washington (collectively, “Furuno”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Honeywell International Inc. of Morristown, New Jersey and its subsidiary Skyforce Avionics Ltd. of the United Kingdom (collectively, “Honeywell”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain navigation products, components thereof, and related software, including GPS devices, avionics navigation and display systems, weather radar systems, navigational aids, mapping systems, and avionics computers that infringe one or more claims of U.S. Patent Nos. 6,084,565 (the ‘565 patent), 7,095,367 (the ‘367 patent), 7,089,094 (the ‘094 patent), and 7,161,561 (the ‘561 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to navigation technology. In particular, the ‘565 patent relates to an image monitoring system capable of displaying a plurality of windows on a single screen and presenting part of an image shown on one window on another window. The ‘367 patent relates to a system of equipment on board a vehicle, with detecting or positioning devices contained in a “core device” unit, which is connected to a display via a network. The ‘094 patent relates to a vehicle information system that is capable of simultaneously displaying multiple pieces of information regarding different vehicles on a display with the ability to determine and prioritize the information based on importance. The ‘561 patent relates to a digital display system with multiple displays that allow users to selectively present one or more images from different measuring devices on each display.
In the complaint, Furuno states that Honeywell imports and sells products that infringe the asserted patents. The complaint specifically names the AV8OR Horizon 3D, the Primus Epic, the Sentinel, and the Observer as infringing products.
Regarding domestic industry, Furuno states that it has made substantial U.S. investments in the exploitation of the asserted patents, including with respect to design, research and development, and engineering. Furuno further states that it has made significant U.S. investments in plant and equipment, and has employed substantial labor and capital in the U.S. in connection with articles protected by the asserted patents, including with respect to testing, customization, training, quality control, packaging, compliance, service, warranty and non-warranty repair, distribution, advertising, sales, and marketing. Additionally, Furuno cites to the activities of its technical and non-technical personnel located in the U.S., including at its facilities in the states of Washington and Maryland. As to the technical prong, Furuno states that its NavNet 3D product practices at least one independent claim of each of the ‘565, ‘367, and ‘561 patents and that its FAR-2807 Series ARPA Radar practices at least one independent claim of the ‘094 patent.
As to related litigation, Furuno states that contemporaneously with the filing of the instant ITC complaint, Furuno has filed a complaint against Honeywell in the U.S. District Court for the District of Oregon alleging infringement of the asserted patents.
With respect to potential remedy, Furuno requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at the Honeywell entities and their subsidiaries, related companies, and agents.