ITC votes to investigate Volkswagen, Audi and Porsche

The US International Trade Commission (ITC) has said it will investigate a patent infringement claim filed against Volkswagen, Audi and Porsche that centres on hybrid vehicles.

In a statement yesterday, May 18, the ITC said it voted in favour of instituting a section 337 investigation into the complaint which, if successful, could see the car brands hit with an exclusion order preventing them from importing the allegedly infringing products into the US.

The complaint, filed by US-based hybrid technology manufacturer Paice, centres on vehicles that were created using knowledge that Volkswagen allegedly obtained through a previous collaboration with Paice.

Among the accused models are the VW Jetta Hybrid, the Audi A3 e-tron Hybrid and the Porsche Panamera S E-Hybrid. The patents in question are US numbers 7,104,347; 7,237,634; and 8,214,097.

According to the complaint, between 2001 and 2004 Paice’s engineers spent nearly a year in Germany sharing patented technology with Volkswagen.

The complaint added that Volkswagen “after learning everything it needed” did not take out a licence to use Paice’s technology and ended the collaboration. It then passed the information to Audi and Porsche, related companies within the Volkswagen Group.

According to the ITC, “by instituting this investigation the ITC has not yet made any decision on the merits of the case”.

The ITC’s chief administrative law judge (ALJ) will assign the case to another ALJ, who will hold an evidentiary hearing and make an initial determination on whether section 337 has been violated.

The commission added that it will make a final determination at the earliest practicable time and will set a target date for completing the investigation within 45 days after institution.

Orders become final 60 days after they are handed down unless they are overturned by the US Trade Representative within those 60 days.