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ITC Reverses Prior Detrimental Decisions Against LKQ and TYC/Genera


On March 8, 2024, the International Trade Commission (ITC) announced that the decisions for both investigations in the LKQ / Genera cases have been reversed finding no violations. (Investigation Numbers 337-TA-1291 and 337-TA-1292).

Per the report:

“Having reviewed the record of the investigation, including the IID, the FID, and the parties’ petitions, responses, and other submissions, the Commission has determined to find no violation of section 337 with respect to the Asserted Patents. Specifically, the Commission has determined to vacate the IID and the FID’s economic prong findings and find that Hyundai has failed to satisfy the economic prong of the domestic industry requirement with respect to any of the Asserted Patents. The Commission has further determined to take no position on the issues of infringement, satisfaction of the technical prong of the domestic industry requirement, and invalidity. The Commission further finds that Respondents’ motion to strike the declaration filed with Hyundai’s reply submission is moot in view of the finding that there Is no violation of section 337 and the public interest factors do not need to be addressed.”

Download the Full Report Here

The ABPA submitted public comments twice to the ITC in 2023 at the Commission’s request. These ABPA submissions can be found at the following link:

https://www.autobpa.com/advocacy/federal-issues/#itc

The ABPA will continue to review this decision as well as the Commission’s opinions once they are produced.

Download the Commission opinions here:

Ed Salamy

Edward Salamy
Executive Director
Automotive Body Parts Association (ABPA)

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