Yarmouth-based navigational company DeLorme has requested that the U.S. Supreme Court review a $6.2 million penalty assessed against the company by the International Trade Commission over an alleged patent violation. The penalty predates the company’s acquisition by Garmin in March.
According to the Bangor Daily News, the alleged violation stemmed from a complaint filed by Virginia-based BriarTek Inc., claiming that an imported belt clip that’s used with DeLorme’s InReach two-way satellite communication device infringed on part of a patent for BrairTek’s own satellite communication system.
Key claims of the allegedly violated patent have been invalidated in a separate federal court case brought by DeLorme. The BDN reported that a federal judge deemed select claims of the patent invalid last year in a ruling later upheld by the U.S. Court of Appeals for the Federal Circuit.
But according to the ITC, DeLorme’s violation is related to continuing to import the alleged infringing clips, which is why the company was hit with the $6.2 million penalty.
“The thought that they could penalize someone for importing parts that don’t infringe any patent — and that the patent is invalid — smacks of unfairness,” Peter Brann, the attorney for DeLorme who led the case through federal court, told the BDN.
Read more
Maine navigational company DeLorme to be purchased by Garmin
DeLorme-Garmin deal: Store to close, future of Gazetteer still unknown
It’s official: Garmin closes on purchase of DeLorme
The big blue book that could: The DeLorme Atlas & Gazetteer lives on