TOYO recently announced that the US International Trade Commission (ITC) voted to conduct an investigation against 22 manufacturers, importers and sellers of passenger and light truck tyres.
The ITC, which intends to investigate whether these firms infringed one or more of Toyo’s eight tyre design patents, has ordered that an Administrative Law Judge (ALJ) make an initial determination as to whether there is a violation of section 337 of the Tariff Act of 1930 in the importation into the US and sale of certain passenger and light truck tyres. Within 45 days after institution of the investigation, the ALJ will set a target date for completing the investigation. The ITC will make a final determination in the investigation at the earliest practicable time. Commission investigations are usually completed in 13-15 months.
Toyo, which markets and sells tyres under the Toyo Tires and Nitto brands, says many of its designs are protected by patents issued by the US Patent and Trademark Office. Toyo has lodged a complaint with the ITC to safeguard its rights, which it alleged, have been violated.
The investigation instituted by the Commission, based on that complaint, will determine whether exclusion orders are warranted. An exclusion order will prohibit the entry of infringing tyres into the US. Toyo also seeks cease-and-desist orders against the local respondents, which will prohibit multiple activities, including the domestic sale of infringing tyres that have already been imported.
The Toyo press release states that the ITC remedial orders in section 337 cases go into effect when issued. They become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.