USITC announces s337 investigation into Jaguar complaint
The US International Trade Commission (ITC) has announced a section 337 investigation into Porsche, Lamborghini, Volkswagen, and Audi, following allegations of patent infringement by Jaguar.
Notice of the investigation was shared on Monday, December 21.
Unfair import investigations, also known as section 337 investigations, relate to allegations of patent and/or trademark infringement by imported goods. Other forms of IP infringement or unfair competition may also be asserted in complaints.
In November, luxury vehicle brand Jaguar, which is headquartered in the UK, filed a complaint at the ITC, alleging that vehicle control systems and vehicles containing those systems are being imported into the US and then sold.
Jaguar alleged that the import and sale of these systems infringe the luxury vehicle brand’s US patent number RE46,828, which covers a vehicle control system.
Jaguar named vehicle brands Porsche, Lamborghini, Volkswagen, and Audi as the alleged infringers, and asked the ITC to issue a limited exclusion order and cease and desist order.
Also on Monday, the ITC announced a section 337 investigation following a complaint filed by semiconductor manufacturer Amtech Systems.
Amtech had asked the ITC to investigate the import of radio frequency products and components on the basis that they infringe six of Amtech’s patents. For example, Amtech alleged infringement of US patent number 7,518,532, which covers an intermodulation mitigation technique in a radio-frequency identification system.
The infringing imported products and components are sold in the US after import, according to Amtech.
Amtech named transportation technology supplier Kapsch TrafficCom, which is owned by Austrian telecommunications company Kapsch, as the offending company.
Another section 337 investigation announced by the ITC on Monday centres on diamonds.
Utah-based US Synthetic, which makes diamond cutters for down-hole drilling, requested an investigation into the import and sale of polycrystalline diamond compacts and articles which allegedly infringe five of US Synthetic’s patents.
The patents asserted cover methods of fabricating polycrystalline diamond compacts.
A number of companies have been identified as infringers, according to US Synthetic, based in China, Japan, Germany, Korea, Hong Kong, Ireland, South Africa, the UK, and various states in America.
One of the accused, China-based SF Diamond, was founded in 1997 and specialises in the manufacture of polycrystalline diamond products. Another, Element Six, was founded in 1946 and is headquartered in London, and similarly specialises in providing hard materials for industrial use.
A full list of the companies accused by US Synthetic can be found on the ITC’s notice.
In each of the above investigations, the alleged offenders are invited to file responses to the allegation no later than 20 days after being given notice of the investigation.
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