ITC Institutes Patent Investigation on Certain Ford Automotive Parts
The International Trade Commission has instituted a section 337 patent-based investigation of certain automotive parts pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The products at issue in this investigation are various parts of the Ford Mustang.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Ford Global Technologies, LLC of Dearborn, Michigan, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain automotive parts that infringe on U.S. Design Patent Nos. D498,444; D501,162; D510,551; D508,223; D500,717; D539,448; D500,969; and D500,970.
The complainant requests that after the investigation, the ITC issue exclusion orders and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
Keystone Automotive Industries, Inc., of Pomona, CA;
LKQ Corporation of Chicago, IL;
U.S. Autoparts Network, Inc., of Carson, CA;
Jui Li Enterprise Co. of Taiwan;
Y.C.C. Parts Manufacturing Co., Ltd., of Taiwan;
TYC Brother Industrial Co., Ltd. of Taiwan;
Taiwan Kai Yih Industrial Co., Ltd. of Taiwan; and
T.Y.G. Products, L.P., of McKinney, TX.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Stephen Smith (202) 205-2746
ITC notice (Inv. No. 337-TA-651, FR Pub 06/05/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-12598.pdf
ITC press release (08-053, dated 05/29/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0529ff2.htm