ITC Rescinds Exclusion Orders on GPS Devices due to Broadcom Settlement
The International Trade Commission has determined to rescind the limited exclusion and cease and desist orders in its Section 337 patent-based investigation of certain Global Positioning System (GPS) devices and products containing the same (337-TA-602), pursuant to a settlement agreement.
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Limited Exclusion Order, 3 Cease and Desist Orders Issued in January 2009
In January 2009, the ITC issued a limited exclusion order, pursuant to a complaint filed by Global Locate, Inc., a subsidiary of Broadcom Corporation (collectively, Broadcom), which excluded from entry for consumption into the U.S., entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, certain GPS devices and products containing the same that infringed certain patents and were manufactured abroad by or on behalf of, or imported by or on behalf of SiRF Technology, Inc. of San Jose, California; Pharos Science & Applications, Inc. of Torrance, California; MiTAC International Corp. of Taiwan; Mio Technology Ltd., USA of Freemont, California; and E-TEN Information Systems Co., Ltd. of Taiwan or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, for the remaining term of the patents except under license of the patent owner as provided by law.
The ITC also issued cease and desist orders against SiRF, Mio and Pharos, which prohibited the importing, selling, marketing, advertising, distributing, marketing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors for the excluded GPS devices and products. The cease and desist order against SiRF also prohibited testing of the excluded GPS devices and products.
ITC Rescinds Orders Based on Settlement Between Broadcom, Respondents
In August 2010, the ITC instituted modification proceedings to consider the respondents’ petition to modify the limited exclusion order and cease and desist orders1, which were later terminated based on a settlement agreement between Broadcom and the respondents.
In January 2011, Broadcom and the respondents filed a joint motion for rescission of the orders pursuant to the settlement agreement.
Therefore, the ITC has issued an order rescinding the limited exclusion order and cease and desist orders previously issued in this investigation.
1The respondents proposed to modify the orders to except GPS devices and products that practice "receiving" and "communicating" steps of U.S. Patent No. 6,704,651 or "receiving" and "transmitting" steps of U.S. Patent No. 651,000 through servers located outside of the U.S.
(See ITT's Online Archives or 01/27/09 news, 09012740, for BP summary of the ITC's issuance of the orders.
See ITT's Online Archives or 08/23/10 news, 10082316, for BP summary of the institution of modification proceedings.)
ITC contact - Daniel Valencia (202) 205-1999
(FR Pub 03/21/11, Inv. No. 337-TA-602)