ITC seeks comments on windshield wiper exclusion order

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.