On October 22, 2015, ALJ Thomas B. Pender issued a notice of the Initial Determination on Violation of Section 337 (“ID”) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA/928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, “Valeo”) alleging violation of Section 337 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014August 28, 2014October 16, 2014November 19, 2014December 15, 2014 and July 7, 2015 posts for more details on this investigation.

In the October 22, 2015 notice, ALJ Pender determined, inter alia, that:

[I]t is my Initial Determination that there is a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain windshield wipers and components thereof, in connection with the asserted claims of U.S. PatentNo. 7,937,798.  

It is also my Initial Determination that there is no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain windshield wipers and components thereof, in connection with the asserted claims of U.S. Patent No. 7,891,044.  

Furthermore, it is my determination that a domestic industry in the United States exists that practices or exploits U.S. Patent Nos. 7,937,798 and 7,891,044.

ALJ Pender's notice only released limited information.  We will provide additional information after the public version of the ID is issued.