Jaguar Land Rover launches US import ban on VW, Audi, Porsche

Jaguar Land Rover (JLR) has sought to bar imports of Audi, Porsche, Lamborghini and Volkswagen vehicles into the US on the grounds that these models have infringed its patent.

In a complaint filed to the US  International Trade Commission (ITC) yesterday, November 19, JLR requested that the commission carry out an investigation under section 337 of the Tariff Act of 1930.

According to the complaint, the company wants the ITC to scrutinise the actions of Porsche AG, Porsche Cars North America, Automobili Lamborghini, Volkswagen AG, Volkswagen Group of America, and Audi. According to the JLR, its competitors infringed its patented “Terrain Response” system, US number RE46,828, which helps drivers in navigating off-road terrains.

Jaguar Land Rover also sued these automakers at the  US District Court of the District of Delaware, and the US District Court of the District of New Jersey.

According to its complaints, JLR said that its patented system, launched in 2004, was an improvement on prior driving-mode systems, because its “technology provides for a broad range of multiple off-road driving surface modes, and controls the operational arrangement of multiple subsystems depending on the selected surface”.

This patented technology has been included as a standard feature across several JLR vehicles since 2008, including the Land Rover Discovery Sport, Land Rover Discovery, Land Rover Defender, Range Rover Evoque, Range Rover Velar, Range Rover Sport, and Range Rover, said the complaints.

JLR added that the system had achieved widespread recognition in the auto industry as “a major advance that optimises driveability and comfort, as well as maximising traction” and pointed out that in 2008, the system won the prestigious “Queen’s Award for Innovation”.

It accused its rivals of having “knowingly copied the Terrain Response system installed on JLR’s Range Rover” and argued that its rivals have been aware of the ’828 patent at least since summer 2018 and that with knowledge of the patent, they had “continued their infringement”.

The companies claimed that any further infringement of the ’828 patent will continue to damage JLR’s business, “causing irreparable harm, for which there is no adequate remedy at law”.

JLR has requested seeking unspecified damages and court orders blocking further unauthorised use of its invention, according to the complaints.

WIPR has approached the companies for comment.

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