On May 18, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-998).

By way of background, this investigation is based on an April 15, 2016 complaint filed by Paice LLC and the Abell Foundation, Inc. of Baltimore, Maryland alleging violation of Section 337 in the importation into the U.S. and sale of certain hybrid electrical vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,104,347; 7,237,634; and 8,214,097. See our April 18, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following as the respondents:

  • Volkswagen AG of Wolfsburg, Germany
  • Volkswagen Group of America, Inc. of Herndon, Virginia
  • Dr. Ing. H.C. F. Porsche AG of Stuttgart, Germany
  • Porsche Cars North America, Inc. of Atlanta, Georgia
  • Audi AG of Ingolstadt, Germany
  • Audi of America, LLC of Herndon, Virginia

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.

Lastly, Chief ALJ Bullock issued a notice indicating that Thomas B. Pender will be the presiding Administrative Law Judge in this matter.