By Eric Schweibenz and Alex Englehart
On February 11, 2016, the International Trade Commission (“Commission”) issued a notice determining not to review (1) ALJ Thomas B. Pender’s Initial Determination granting Complainants Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V.’s (collectively, “Valeo”) motion to terminate the remand investigation with respect to certain obsolete products of Respondents Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”), and (2) ALJ Pender’s Remand Initial Determination, in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further 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 alleging violation of Section 337 by Trico in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our October 16, 2014, November 19, 2014, November 25, 2015, December 31, 2015, and January 27, 2016 posts for more details on this investigation.

In the underlying ID, ALJ Pender found, among other things, that Trico violated Section 337 through the importation and sale of certain windshield wipers and components thereof that infringe Valeo’s U.S. Patent No. 7,937,798.  In a December 21, 2015 notice, the Commission upheld the finding of a violation of Section 337 and remanded for an infringement finding on certain obsolete Trico products.  On January 11, 2016, ALJ Pender granted Valeo’s unopposed motion to terminate the remand investigation.  See our January 27, 2016.

According to the February 11, 2016 notice, the Commission determined not to review ALJ Pender’s termination of the remand investigation.  Also, the Commission confirmed its “determination results in a finding of a violation [of Section 337 by Trico] as to the ‘798 patent.”  Accordingly, the Commission requested that the parties submit briefing on remedy, public interest, and bond by February 24, 2016, with reply submissions due by March 2, 2016.  The Commission further requested that Valeo submit proposed remedial orders for the Commission’s consideration by February 24, 2016.  Lastly, the Commission extended the target date for completion of the investigation to April 12, 2016.