HEADLINES International Marine News
DECEMBER 2015 | International Boat IndustryGreen light for
Miami show
USA JUDGE IN THE
LAWSUIT against
the National Marine
Manufacturers Association
(NMMA) by the Village of
Key Biscayne has dismissed
the lawsuit. The mayor and
town council of the Village
had sought to stop the MiamiInternational Boat Show
(MIBS) from relocating from
the Miami Beach Convention
Center to the Marine Stadium
on Key Biscayne in February.
The lawsuit contended that
the boat show would pose an
environmental threat to the
area’s wildlife as well as createtraffic problems on the island.
The Dade County circuit
court judge cited several
arguments in the Village’s
lawsuit, saying that the Village
did not have a “standing” to
sue NMMA. He granted the
NMMA’s motion to dismiss the
case.
The judge did, however,
give the Village 20 days to file
a second amended complaint
to “clarify its standing to sue.”
“The Court rejected each
of the arguments advanced
by the Village,” said NMMA
president Thom Dammrich
in a statement, adding that
the trade association wasWe will
continue to
vigorously defend
the intellectual
property that
protects our
innovationsNavico prevails over Garmin in ITC decision
US THE INTERNATIONAL
Trade Commission (ITC)
has ruled that Garmin Ltd’s
DownVü scanning sonar
products violate Navico’s
patents for its DownScan
Imaging technology. The
ruling reverses an initial
determination issued by a US
judge last July.
According to Navico, the
ruling prohibits Garmin
from importing, selling,
advertising, and aiding or
assisting distributors or
retailers in selling all its
“infringing”
DownVü
products.
Navico said
that the ITC
also issued
a Cease and
Desist Order
barring
Garmin and
its distributors
from selling, or aiding others
in the sale of these products,
along with an Exclusion Order
directing US Customs and
Border Protection to reject
their importation.
Garmin says it plans to
appeal the ruling. “Garminintentionally designed
its products to prevent
infringement of Navico’s
patents. We disagree with
the ITC,” says Andrew
Etkind, Garmin VP and
general counsel, in a
statement. “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.”
Navico
said that,
despite a 60-
day period before the ITC
ruling takes effect, “effective
immediately, resellers of
Garmin DownVü products risk
willfully infringing Navico’s
patents if they continue to sell
Garmin DownVü products,
and they could be subject toan infringement suit.”
Navico said that any
Garmin products claiming
to feature a “design around”
solution are subject to ITC
or US Customs approval “in
order to confirm that such
an alternative solution does
not likewise violate Navico’s
patents.” The statement said
that Garmin has not initiated
the process of submitting
alternative designs.
Navico has invested
“considerable time, effort
and resources” to develop
its DownScan Imaging
technology,
according to
Leif Ottosson,
Navico
CEO. “We
offered our
competitors
the
opportunity
to license our
technology
and incorporate it into their
products for the benefit
of their customers,” said
Ottosson, noting that Garmin
declined. “The situation is
unfortunate for many dealers
and distributors in the marineelectronics marketplace, but
we will continue to vigorously
defend the intellectual
property that protects our
innovations.”
Garmin said the ITC
ruling will have “no impact”
on Garmin products already
purchased by Garmin
customers or any products
purchased going forward.
“The ITC expressly found
that Garmin did not intend
to infringe Navico’s patents.
Garmin will continue to
vigorously defend the non-
infringing configuration
of these first generation
DownVü scanning sonar
products through appeals
and an ongoing litigation in
Oklahoma,” said Garmin.
It also countered Navico’s
argument that dealers or
distributors could be sued
by Navico. “The ITC ruling
applies only to Garmin and
has no impact on any existing
dealer inventory or any
products already purchased
by our customers.”
Garmin said that the
“impacted” transducers will
be available shortly with the
alternative design solution.“pleased” with the decision.
“The NMMA plans to continue
its preparation and we look
forward to celebrating the
2016 Miami International
Boat Show at Miami Marine
Stadium Park and Basin.”
The mayor of the Village
of Key Biscayne said in an
email to IBI that the NMMA
case was dismissed on “easily
remedied technical” issues.
“We intend to re-file a new
pleading with the court,”
wrote Mayra Pena Lindsay
in the email. “Our lawsuit
against the city is ongoing. We
are continuing to pursue all
legal matters vigorously.”SLeif Ottosson