By John Presper

On January 19, 2022, the ITC issued a Notice of Investigation in Certain Replacement Automotive Lamps II (Inv. No. 337-TA-1292).

By way of background, this investigation is based on a December 16, 2021 complaint (Part I, Part II, Part III) filed by Hyundai Motor Company of the Republic of Korea and Hyundai Motor America, Inc. of Fountain Valley, California (collectively, “Hyundai”) 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 in the unlawful importation/sale of certain replacement automotive lamps by reason of infringement of U.S. Design Patent Nos. D617,478; D618,835; D618,836; D631,583; D637,319; D640,812; D655,835; D664,690; D709,217; D736,436; D738,003; D739,057; D739,574; D740,980; D759,864; D759,865; D771,292; D780,351; D818,163; D829,947; and D834,225.

According to the complaint, the accused products are replacement or aftermarket automotive headlamps and taillamps that infringe one or more of Hyundai’s asserted design patents.  Hyundai 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.