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15 November 2019PatentsSaman Javed

USITC says Toyota and Panasonic are not liable for Broadcom patent infringement

The US International Trade Commission ( USITC) has ruled that Broadcom cannot claim patent infringement against Panasonic’s in-car entertainment systems, which are used in Toyota’s cars.

In a notice of initial determination, published on Tuesday, November 13, the USITC found that the import into and sale of the entertainment systems in the US does not violate the Tariff Act of 1930.

In May, semiconductor maker Broadcom filed a complaint with USITC, alleging that certain Toyota cars in the US used technology which infringed six of its patents (US patent numbers 7,437,583; 7,512,752; 7,530,027; 8,284,844; 6,937,187; and 8,902,104).

But, the USITC said Toyota, Panasonic and other Japanese companies (Renesas and Denso Corp) are not liable for patent infringement.

It found that only two of the patents, ‘583 and ‘752 were infringed. But it found that the asserted claims of the ‘752 patent are invalid.

While it did not find any asserted claims of the ’583 patent to be invalid, the commission said the “domestic industry requirement” for the ‘583 patent had not been met.

In order to meet the domestic industry requirement, Broadcom would need to prove that its products implement sufficient claims to meet “technical requirement”.

It would also need to show sufficient investment in the US in its development, marketing and manufacturing of products using the ‘583 patent.

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