Garmin Down Vu banned from being imported to U.S.

Sorry I’m technically inept and can’t add link.

I saw on the Wired2fish site where the ITC (International trade Commission) has banned Garmin from importing any products with Downvu technology from being imported due to copyright infringement with Navico.

CAN anyone she’d any light on this?

Here is some more background info directly from Garmin, this has been going on for quite some time now – and it isn’t uncommon for companies to battle it out regarding patents on new technology and such (in this situation it is Navico (Lowrance, Simrad, B&G) This may give you some more information that you desire:

Garmin Post from July 14, 2015
http://newsroom.garmin.com/press-release/marine/garmin-appeal-itc-judgment

Garmin Post from December 2, 2015
http://newsroom.garmin.com/press-release/marine/garmin-appeal-itc-judgment-1

Lastly, here is the article text you saw today on Wired2Fish.

Commission confirms that the limited exclusion order covers Garmin DownVü products as well as head units and transducers to be sold together.

Navico – the world’s largest manufacturer of marine electronics and parent company to the Lowrance®, Simrad®, B&G® and GoFree® brands – announced today that on August 18, 2016 the International Trade Commission (ITC) 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. This latest ruling confirms that Garmin (NASDAQ:GRMN) 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.

This ruling vindicates Navico’s assertion that Garmin’s DownVü product offerings violate Navico’s sonar patents and the ITC’s orders. Additionally, the ITC’s Cease and Desist Orders remain active, barring Garmin and its distributors from selling or aiding others in the sale of these products. 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.

“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.”

Claims by Garmin regarding a “design around” solution are 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.” As such, Garmin’s so-called “tilted” transducer used in its current DownVü products is also deemed to infringe Navico’s 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. Garmin’s DownVü products are manufactured and imported from Taiwan.

Hope this all shakes out at the end. I am planning on upgrading electronics next year. I was going to do all garmins, unless someones comes out with something better.

Thanks Nick. I assume it’ll work it’s way out, however it could see pretty big pia.

how is it cabelas/gander/bass pro all have Garmin units for sale that list having down vu? Aren’t they violating the order?

From one of the press releases:

Garmin intentionally designed its products to prevent infringement of Navico’s patents. We disagree with the ITC and plan to appeal the determination,” said Andrew Etkind, Garmin vice president and general counsel. “However, as with the Johnson Outdoors ITC determination we announced in November, we have already taken steps to ensure that we can continue to provide Garmin DownVü scanning sonar products. Garmin has already designed, implemented, and manufactured an alternative design that addresses the issue in this ITC ruling.”

Here is a press release that we were sent this morning from Garmin, it is in response to the Press Release that Navico posted last week at the time this forum post went up:

Garmin® responds to misleading statements from Navico
in the ITC patent investigation

OLATHE, Kan./August 29, 2016/Business Wire – Garmin International Inc., a unit of Garmin Ltd. (NASDAQ: GRMN), today announced its response to a modified order by the International Trade Commission (ITC) on August 18, 2016, in the long-running investigation brought by Navico Holdings AS against Garmin. The modified ITC order did not address Garmin’s new tilted DownVüTM scanning sonar transducer design – which Garmin strongly asserts does not infringe – that has been shipping since last December when the previous decision was made by the ITC. The status of Garmin’s new tilted transducer design relative to any of Navico’s patents is still a matter pending before the courts and government agencies, and Navico has never accused Garmin’s new tilted design of infringement before the ITC. On August 25, 2016, Navico issued a press release regarding the ITC’s modified order that incorrectly asserts that the new tilted design infringes on their patents as no court or government agency has ever made any infringement ruling on Garmin’s new tilted transducer design.

In fact, the modified ITC order confirmed the ITC’s previous decision made in December 2015, that Garmin can import and sell Garmin DownVü scanning sonar transducers, including the original design, because they do not separately infringe any valid claim of Navico’s patents. The modified ITC order also left in place the ITC’s earlier decision that Garmin’s chartplotters do not infringe any of Navico’s patents. It clarifies the certification language that Garmin may use when importing its transducers which is a procedural matter. The modified ITC order applies only to Garmin and has no impact on any existing distributor, dealer, or retailer inventory or any products already purchased by our customers.

Garmin fully cooperated with U.S. Customs and Border Patrol (CBP) after the ITC’s original order to ensure that the importation of its products were in full compliance with the ITC’s order. Garmin is currently cooperating with CBP to ensure compliance with the ITC’s modified order and will provide relevant information to our distributors, dealers, and retailers as it becomes available.

All of these issues are currently pending before the Court of Appeals for the Federal Circuit, the court with review authority over the ITC, and Garmin anticipates a definitive ruling on these topics in early 2017.

About Garmin International Inc. Garmin International Inc. is a subsidiary of Garmin Ltd. (Nasdaq: GRMN). Garmin Ltd. is incorporated in Switzerland, and its principal subsidiaries are located in the United States, Taiwan and the United Kingdom. Garmin is a registered trademark and DownVü is a trademark of Garmin Ltd. or its subsidiaries.

All other brands, product names, company names, trademarks and service marks are the properties of their respective owners. All rights reserved.

Notice on Forward-Looking Statements:
This release includes forward-looking statements regarding Garmin Ltd. and its business. Such statements are based on management’s current expectations. The forward-looking events and circumstances discussed in this release may not occur and actual results could differ materially as a result of known and unknown risk factors and uncertainties affecting Garmin, including, but not limited to, the risk factors listed in the Annual Report on Form 10-K for the year ended December 26, 2015, filed by Garmin with the Securities and Exchange Commission (Commission file number 0-31983). A copy of such Form 10-K is available at http://www.garmin.com/aboutGarmin/invRelations/finReports.html.

No forward-looking statement can be guaranteed. Forward-looking statements speak only as of the date on which they are made and Garmin undertakes no obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future events, or otherwise.

This sounds like Déjà vu with Johnson Outdoors and Navico. Never did hear how that turned out…but they are selling units with the new technology.

That IP dispute was settled out of court. Hence Lowrances Gen 2 units. Navico turned that one into a marketing positive.

Thanks Giz!

Also MG got around the MK IP on spot-lock by using 2 GPS antennas. Hence the better reported accuracy. MK is responding by using a better GPS antenna and improved algorithm on the new units available next year.