International Trade Commission investigating alleged GM patent infringement
The U.S. International Trade Commission (USITC) has voted to investigate alleged patent-infringing vehicle parts and components based on a complaint filed on behalf of General Motors and GM Global Technology Operations
The complaint alleges violations of Section 337 of the Tariff Act of 1930 based on importation into the U.S., sale for importation, and sale within the country after importation of the parts and components, according to the notice of investigation.
GM and GM Global state in their complaint that 20 patents have been infringed and request that the USITC issue a general exclusion order, a limited exclusion order, and cease-and-desist orders.
The USITC has identified the following respondents in its investigation:
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- AP Auto Parts Industrial Ltd., Taoyuan City, Taiwan
- ANTRC Industrial Corp., Taoyuan City, Taiwan
- Auto Power Co., Ltd., Taoyuan City, Taiwan
- Best Value Auto Body Supply, Melrose Park, Illinois
- CCC Intelligent Solutions Holdings Inc., Chicago, Illinois
- CCC Intelligent Solutions Inc., Chicago, Illinois
- DEPO Auto Parts Ind. Co., Ltd., Chang Hua Shien, Taiwan
- Forerunner Automotive Industrial Corp., Taoyuan City, Taiwan
- Gordon Auto Body Parts Co., Ltd., Taoyuan City, Taiwan
- Grand HC Auto Tooling Corp., Taipei City, Taiwan
- Jiangsu Srumto Auto Parts Co., Ltd., Danyang City, Chin
- Keystone Automotive Industries, Inc., Antioch, Tennessee
- LKQ Corporation, Antioch, Tennessee
- Maxzone Vehicle Lighting Corp., Fontana, California
- Mitchell International, Inc., San Diego, California
- Pro Fortune Industrial Co., Ltd., New Taipei City, Taiwan
- Power Auto Parts Inc., Warren, Michigan
- Quality Collision Parts, Inc., Warren, Michigan
- Tong Yang Industry Co. Ltd., Tainan, Taiwan
- Y.C.C. Parts Mfg. Co., Ltd (Taiwan), Lukang Town, Taiwan
With a pending lawsuit filed against it by LKQ and Keystone Automotive Industries claiming patent infringement, GM filed suit against the parts companies for the same cause in February, one week after filing the USITC complaint.
GM’s new suit claims 20 of its patents for Chevrolet Colorado, Traverse, Silverado, and Malibu, and GMC Sierra vehicles, as well as their GM Genuine replacement parts, have been infringed upon.
CCC Intelligent Solutions, Grand HC Auto Tooling Corp., Gordon Auto Body Parts Co., Tong Yang Industry Co., Y.C.C. Parts Mfg. Co., DEPO Auto Parts Ind. Co., Maxzone Vehicle Lighting Corp., Auto Power Co., Forerunner Automotive Industrial Corp., Antrc Industrial Corp., and Pro Fortune Industrial Co. are also listed as defendants.
In the new suit, GM alleges that CCC Intelligent Solutions is infringing on 20 patents, while LKQ is infringing on six, Grand HC on five, Auto Power on two, Pro Fortune on three, Tong Yang on three, Gordon on five, DEPO on two, Forerunner on two, and Antrc on two.
Of the 57 parts decertified by CAPA last year, Tong Yang had the most with 25. Y.C.C. and Pro Fortune followed with 10 parts and four parts decertified, respectively.
A March 10 USITC press release states that the commission will make a final determination in the investigation at the earliest practicable time. Within 45 days from the beginning of the investigation, the USITC says it will set a target completion date.
“By instituting this investigation (337-TA-1491), the USITC has not yet made any decision on the merits of the case,” the release states. “The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
“USITC 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.”
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