On May 9, 2013, Federal-Mogul Corporation of Southfield, Michigan and Federal-Mogul S.A. of Belgium (collectively, “Federal-Mogul”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Trico Corporation of Rochester Hills, Michigan, Trico Products of Brownsville, Texas, and Trico Components 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 wiper devices and components thereof that infringe claims 1-14 of U.S. Patent No. 8,347,449 (“the ‘449 patent”).
According to the complaint, the ‘449 patent generally relates to “a wiper device having a spoiler as a separate constructional element that is detachably connected to the metal carrier strip(s) of the wiper blade.” Federal-Mogul asserts in the complaint that Trico manufacturers, assembles, packages and/or tests the accused products in Mexico and imports them into the U.S., sells them for importation into the U.S. and/or sells them after importation into the U.S. The complaint specifically refers to Trico’s Force, Ice, NeoForm, ExactFit, Flex and Onyx wiper devices.
Regarding domestic industry, Federal-Mogul states that its ANCO Profile, ANCO Contour, NAPA Vista, NAPA AccuFit and Tesla Model S products practice one or more claims of the ‘449 patent. Federal-Mogul further states that it makes significant investments in facilities, equipment, and labor in the U.S.
With respect to potential remedy, Federal-Mogul requests that the Commission issue a limited exclusion order and a cease and desist order directed to each named Respondent and its subsidiaries and affiliates.