On October 15, 2014, Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, "Valeo") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. Please note that Oblon Spivak represents Valeo in this matter.
The complaint alleges that Trico Products Corp. of Rochester Hills, Michigan, Trico Products of Brownsville, Texas, and Trico Componentes SA de CV of Mexico (collectively, "Trico") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain windshield wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 7,891,044 (the '044 patent) and 7,937,798 (the '798 patent) (collectively, "the asserted patents").
According to the complaint, the asserted patents generally relate to automotive windshield wipers and include a special connector that detachably links a wiper blade with a driven wiper arm allowing for the blade to be manually attached or detached from the wiper arm for installation or replacement.
In the complaint, Valeo states that Trico imports and sells products that infringe the asserted patents. The complaint specifically refers to Trico ExactFit® 17-15B, Trico Chill® 37-2013, Trico Flex® 18-160, Trico NeoForm®, Trico Tech® 19-190, Trico Force® 25-140, Trico Sentry® 32-140, Trico Ice® 35-160, and Trico Onyx™ wiper blades and products with similar adapters as infringing products.
Regarding domestic industry, Valeo states that its windshield wipers that include a Gen2B wiper connection are protected by the asserted patents. Valeo further states that it has made significant investments in plant and equipment and engaged in a significant employment of labor and capital in the U.S. devoted to research and development, engineering, quality management, technical support, field training, and service. Valeo notes its facilities in Troy, Michigan; El Paso, Texas; Hampton, Virginia; and Santa Fe Springs, California.
With respect to potential remedy, Valeo requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Trico and related entities.