06
Apr
By Eric Schweibenz
On March 30, 2012, the International Trade Commission (the “Commission”) issued a notice of issuance of a limited exclusion order and a cease and desist order in Certain Starter Motors and Alternators (Inv. No. 337-TA-755).

By way of background, the Complainants in this investigation are Remy International, Inc. and Remy Technologies, L.L.C. (collectively, “Remy”) and the remaining Respondent is American Automotive Parts, Inc. (“AAP”).  According to the notice, on December 22, 2011, ALJ Robert K. Rogers, Jr. issued an initial determination (“ID”) finding AAP in default for failure to respond to the complaint and Notice of Investigation or to the ALJ’s order to show cause.  The Commission determined not to review the ID and requested briefing on remedy, the public interest, and bonding with respect to AAP.

According to the notice, both Remy and the Commission Investigative Staff (“OUII”) submitted briefing on remedy, the public interest, and bonding along with proposed orders on March 2, 2012.  OUII also submitted a reply brief on March 9, 2012, containing revised orders.

In the notice, the Commission states that it “has determined that the appropriate form of relief is the following:  (1) a limited exclusion order prohibiting the unlicensed entry of alternators that infringe [certain claims of U.S. Patent Nos. 5,268,605, 5,315,195, and 5,453,648], which are manufactured abroad by or on behalf of, or are imported by or on behalf of, AAP, or any of its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or its successors or assigns; and (2) a cease and desist order prohibiting AAP from conducting any of the following activities in the United States:  importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for alternators that infringe [certain claims of U.S. Patent Nos. 5,268,605, 5,315,195, and 5,453,648].” 

The Commission further determined that the public interest factors do not preclude issuance of the limited exclusion order or the cease and desist order and that a bond of 100 percent of the entered value of the covered products is required to permit temporary importation during the Presidential review period.  Lastly, the Commission terminated the investigation.
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