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May 21, 2014 02:00 AM

ITC seeks comments on windshield wiper exclusion order

Tire Business Staff
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    (Tire Business file photo)

    WASHINGTON (May 21, 2014) — The International Trade Commission (ITC) is seeking comments on an administrative law judge's preliminary determination to issue a limited exclusion order against certain windshield wiper devices and components from Mexico.

    Federal-Mogul Corp. petitioned the ITC for relief in May 2013, the company claiming that Trico Products Corp. was manufacturing windshield wiper blades in Mexico that infringed on Federal-Mogul's patents, then exporting them to the U.S. for sale.

    In its July 2013 response to Federal-Mogul's charges, Trico denied them. Trico disputed Federal-Mogul's constructions of the design elements in the windshield wiper patent as either inaccurate or indefinite.

    Charles E. Bullock, ITC chief administrative law judge, ruled preliminarily in Federal-Mogul's favor on May 8, 2014, and proposed a limited exclusion order against Trico.

    The following day, the ITC issued a request for comments on Mr. Bullock's order. The commission said it was particularly interested in comments that:

    • Explained how the Trico wipers are used in the U.S.;

    • Identified any possible public health, safety or welfare concerns the order might create;

    • Identified any directly competitive products that Federal-Mogul, its licensees or third parties make in the U.S. that can replace the Trico wipers;

    • Indicated whether Federal-Mogul, its licensees or third parties have the capacity to replace Trico wipers in the market; and

    • Explained how the limited exclusion order against Trico would affect U.S. consumers.

    June 9 is the deadline for electronic submission of comments on Mr. Bullock's order.

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