ITC Institutes Patent Investigation of Certain Starter Motors and Alternators
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain starter motors and alternators pursuant to a complaint.
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Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Remy International, Inc., and Remy Technologies, LLC, both of Pendleton, IN, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain starter motors and alternators that infringe patents asserted by Remy.
The complainants request that the ITC issue an exclusion order and cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following companies as the respondents alleged to be in violation of section 337 in this investigation:
- American Automotive Parts, Inc., of Niles, IL;
- Linhai Yongci of China;
- Metric Sales & Engineering of Northfield, IL;
- Motorcar Parts of America, Inc., of Torrance, CA;
- Wan Li Industrial Development, Inc., of South El Monte, CA;
- Wetherill Associates, Inc., dba WAIGIobal, of Ft. Lauderdale, FL;
- Wuxi Susan Auto Parts Company of China; and
- Yongkang Boyu Auto Motor Company of China.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.)
1Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
(Press release dated 01/13/11, Inv. No. 337-TA-755)