Garmin DownVü banned from US

Navico, parent company of the Lowrance, Simrad, B&G and GoFree brands, has wasted no time spreading the news that the International Trade Commission (ITC) has ruled yet again that Garmin DownVü scanning sonar products may not be imported into the United States because they violate Navico’s patents for DownScan Imaging technology.

Navico says this latest ruling confirms that Garmin has been improperly circumventing the ITC’s December 2015 exclusion order. The ITC issued a modified exclusion order clarifying the scope of infringing DownVü products that are barred from importation. The order has already been distributed to the United States Customs and Border Protection agency, and its requirements are effective immediately.

Navico says this ruling vindicates its assertion that Garmin’s DownVü product offerings violate Navico’s sonar patents and the ITC’s orders. But it is important to note that the ruling does not impact importation of past, present or future Garmin prodcuts into Australia, Garmin said in a local December release.

But now Naavico says the ITC’s orders will block the import, sale and promotion of current DownVü products, including the Striker, echoMAP and GPSMAP products sold with their respective transducers. Garmin’s violations of the ITC’s orders open the door to potential civil penalties, Navico added in its press release on the matter.

"We are pleased that the ITC once again has ruled in our favor. It’s clear from the rulings that Garmin’s DownVü products from the start have infringed our patents, and it surprises me that a company claiming to respect other companies’ intellectual property would improperly circumvent the ITC’s orders by importing and selling these products in the U.S. market," said Leif Ottosson, CEO, Navico.

"We have offered a license for DownScan Imaging technology to all major manufacturers in the market, but in this and every other matter of patent infringement, we will continue to vigorously defend our intellectual property and innovations."

Meantime, claims by Garmin regarding a “design around” solution are also subject to ITC approval in order to confirm that the alternative design does not likewise violate Navico’s patents. In the new ruling, the ITC specifically noted that Garmin has not sought review of any alleged “design around.”

Navico says Garmin’s so-called “tilted” transducer used in its current DownVü products is also deemed to infringe its patents. Under the ITC’s orders, these products may not be imported or sold unless Garmin can obtain a certification of non-infringement.

Furthermore, the ITC’s orders prevent Garmin from offering any incentive or other form of compensation to any distributor or re-seller relating to the distribution, sale and marketing of improperly imported DownVü products.

The International Trade Commission is an independent governmental agency in Washington, DC responsible for addressing patent infringement disputes relating to goods that are manufactured abroad and imported into the United States. Navico adds in its release that Garmin’s DownVü products are manufactured and imported from Taiwan.

As far as we understand, none of this has a bearing on past or future availability on these products and replacement products in the Australian market. More on this matter as it continues and cost millions to resolve unravel at navico.com.