WASHINGTON—The International Trade Commission 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. Federal-Mogul claimed Trico Products Corp. was manufacturing windshield wiper blades in Mexico that infringed on Federal-Mogul's patents, and then exporting them to the U.S. for sale.
In its July 2013 response to Federal-Mogul's charges, Trico denied Federal-Mogul's charges. 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 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 Bullock's order.