By Eric Schweibenz
On October 21, 2013, Trico Products Corp. of Rochester Hills, Michigan (“Trico”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Federal-Mogul Corp. of Southfield, Michigan and Federal Mogul S.A. of Belgium (collectively, “Federal-Mogul”) 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. 6,836,925 (the ‘925 patent) and 6,799,348 (the ‘348 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to automotive windshield wipers.  In particular, the ‘925 patent relates to a windscreen wiper and the interrelation of certain elements to maximize efficiency of the wiper.  The ‘348 patent relates to a windscreen wiper and coupler that minimizes the overall height of a wiper blade while maximizing wind flow and visibility.

In the complaint, Trico states that Federal-Mogul imports and sells products that infringe the asserted patents.  The complaint specifically refers to the Federal-Mogul ANCO Contour, ANCO Profile, and GM GR.10.146 blades as infringing products.

Regarding domestic industry, Trico states that, at a minimum, its NeoForm windshield wiper device is protected by the asserted patents.  As to the economic prong, Trico states that it conducts research, development, manufacturing, and other activities in the U.S. relating to products protected by the asserted patents.

With respect to potential remedy, Trico requests that the Commission issue a limited exclusion order and a cease and desist order directed at Federal-Mogul, its affiliates, others acting on its behalf, and others who are in active concert or participation with it.