On November 19, 2015, Federal-Mogul Motorparts Corp. of Southfield, Michigan (“Federal-Mogul”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Mevotech, L.P. of Canada (“Mevotech”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain chassis parts incorporating moveable sockets and components thereof that are assembled or manufactured by a process that infringes one or more claims of U.S. Patent No. 6,202,280 (the ‘280 patent).
According to the complaint, the ‘280 patent generally relates to an assembly and manufacturing technique used to enclose a moveable socket without the need to deform or displace the socket housing.
In the complaint, Federal-Mogul states that Mevotech imports and sells products that are manufactured by a process that infringes the ‘280 patent. The complaint specifically refers to numerous chassis parts manufactured in China or elsewhere outside the U.S. as incorporating moveable sockets made using the infringing process.
Regarding domestic industry, Federal-Mogul states that it conducts manufacturing, engineering, technical support, sales and marketing, field training, and service in the U.S. with respect to chassis parts incorporating moveable sockets and components thereof made using the process of the ‘280 patent. In particular, Federal-Mogul states that its various steering and suspension chassis parts and components thereof incorporate the invention of the ‘280 patent. Federal-Mogul specifically refers to its worldwide headquarters in Michigan and to other facilities and distribution centers in the U.S.
As to related litigation, Federal-Mogul states that on September 10, 2015, it filed a complaint against Mevotech in the U.S. District Court for the Eastern District of Michigan alleging, inter alia, infringement of the ‘280 patent. However, Mevotech has filed a motion to dismiss for lack of standing, and Federal-Mogul states that it expects to dismiss and refile its claim for patent infringement in the Eastern District of Michigan, having now allegedly resolved the standing issue.
With respect to potential remedy, Federal-Mogul requests that the Commission issue a general exclusion order, a limited exclusion order, and a cease and desist order directed at Mevotech, its affiliates, and others acting on its behalf or who are in active concert or participation with it.