By John Presper

On January 18, 2022, the ITC issued a Notice of Investigation in Certain Replacement Automotive Lamps (Inv. No. 337-TA-1291).

By way of background, this investigation is based on a December 15, 2021 complaint (Part I, Part II, Part III) filed by Kia Corporation of Korea and Kia America, Inc. of Irvine, California (collectively, “Kia”) alleging violations of section 337 by Respondents TYC Brothers Industrial Co., Ltd. of Taiwan; Genera Corporation d/b/a TYC Genera of Brea, California; LKQ Corporation of Chicago, Illinois; and Keystone Automotive Industries, Inc. of Exeter, Pennsylvania (collectively, "Respondents") in the unlawful importation/sale of certain replacement automotive lamps by reason of infringement of U.S. Design Patent Nos. D592,773; D635,701; D636,506; D650,931; D695,933; D705,963; D709,218; D714,975; D714,976; D720,871; D749,757; D749,762; D749,764; D774,222; D774,223; D776,311; D781,471; D785,833; D785,836; and D792,989.

According to the complaint, the accused products are replacement or aftermarket automotive headlamps and taillamps that infringe one or more of Kia’s asserted design patents.  Kia is requesting that the Commission issue limited exclusion orders and permanent cease-and-desist orders directed to Respondents.  According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation.  Lastly, Acting Chief ALJ Clark S. Cheney issued a notice indicating that he will preside in the investigation.