01
Feb
By Eric Schweibenz and Alex Englehart
On January 31, 2018, Carter Fuel Systems, LLC of Logansport, Indiana (“Carter”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
 
The complaint alleges that Wenzhou Jushang (JS) Performance Parts Co. Ltd. of China (“WJP”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain fuel-pump assemblies with vapor separators and components thereof that infringe one or more claims of U.S. Patent No. 6,257,208 (the ’208 patent).
 
According to the complaint, the ’208 patent generally relates to fuel pump assemblies used in the marine engine industry that include a vapor separator and a recirculating fuel line with a pressure regulator.  The pressure regulator and recirculating line cooperate to direct fuel from within the vapor separator back to an incoming fuel line to regulate and level fuel temperatures.
 
In the complaint, Carter states that WJP imports and sells products that infringe the ’208 patent.  The complaint specifically refers to alleged “knock-off” marine fuel-pump assemblies that are sold by WJP—and that appear to be substantially the same as Carter’s own fuel pump assemblies—as infringing products.
 
Regarding domestic industry, Carter states that it conducts significant product design, troubleshooting, manufacturing, assembly, molding, and other activities relating to products that practice the ’208 patent at Carter’s facility in Indiana.  
 
With respect to potential remedy, Carter requests that the Commission issue a limited exclusion order and a permanent cease and desist order directed at WJP and related entities.
 
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