Chrysler’s ITC Complaint alleging Design Patent Infringement of a Concept Vehicle Results in Settlement, Cease and Desist Orders

March 17, 2011 – Blog Post

Chrysler’s ITC Complaint alleging Design Patent Infringement of a Concept Vehicle Results in Settlement, Cease and Desist Orders and Limited Exclusion Orders

See our posting on the ITC 337 Law Blog of March 16, 2011.

The Jeep Hurricane is a 4x4 concept vehicle which was unveiled at the North American International Auto Show in Detroit, Michigan in 2005, by Jeep, a division of Chrysler Group LLC. Chrysler obtained U.S. Design Patent No. D513,395 (the ‘395 patent) on January 3, 2006, which is directed to an automobile body corresponding to the Jeep Hurricane.

Chrysler filed a 337 complaint in the ITC regarding certain automotive vehicles on May 14, 2010 (see our ITC 337 Law Blog posting of May 18, 2010), and the ITC instituted an investigation (337-TA-722) regarding certain automotive vehicles on June 11, 2010 (see our ITC 337 Law Blog posting of June 15, 2010).

On October 12, 2010, Chrysler and respondents including Xingyue Group Co., Ltd. filed an amended joint motion to terminate the pending investigation on the basis of a consent order, and the ALJ issued an order on October 27, 2010, granting the joint motion for termination. The joint motion to terminate was based on a settlement agreement these respondents will not import, sell, etc. the accused XYJK800 vehicle manufactured by Xingyue, which was alleged to infringe the ‘395 patent.

On October 29, 2010, Chrysler filed declarations requesting immediate relief against the then defaulting respondents (Vehicles Online, Inc. and Shanghai Tandem). Having determined that the statutory requirements were met, the ITC issued a notice ordering relief on March 10, 2011.

The relief included (1) cease and desist orders against Vehicles Online, Inc. and Shanghai Tandem concerning automotive vehicles and designs therefor that infringe the ‘395 patent, and (2) a limited exclusion order prohibiting unlicensed entry of automotive vehicles and designs therefor that infringe the ‘395 patent, which are manufactured abroad or imported by or on behalf of Shanghai Tandem (namely, the accused Tandem TDUV800-2). Since no other issues remained pending, the ITC terminated the investigation.

Figure 1 of U.S. D513,395

Jeep Hurricane (www.jeep.com)

Alleged Infringer Xingyue XYJK800 (source)

Alleged Infringer Tandem TDUV800-2 (source)