Certain Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof; Institution of Investigation

Topics:  Jaguar Land Rover

Lisa Barton
International Trade Commission
29 December 2020

[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85659-85660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28675]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1235]


Certain Vehicle Control Systems, Vehicles Containing the Same, 
and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 19, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Jaguar Land 
Rover Limited of the United Kingdom and Jaguar Land Rover North 
America, LLC of Mahwah, New Jersey. A supplement was filed on December 
10, 2020. The complaint, as supplemented, alleges violations of section 
337 based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain vehicle control systems, vehicles containing the same, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. RE46,828 (``the '828 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainants request that the 
Commission institute an investigation and, after the investigation, 
issue a limited exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
EDIS3Help@usitc.gov. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 21, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a

[[Page 85660]]

violation of subsection (a)(1)(B) of section 337 in the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain products identified in 
paragraph (2) by reason of infringement of one or more of claims 21, 
25-37, 39, and 41-47 of the '828 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``automobile driving-
mode control systems, components thereof, and automobiles containing 
those automobile driving-mode systems'';
    (3) Notwithstanding any Commission Rules to the contrary, which are 
hereby waived, the respondents shall, and complainants may, present 
evidence and arguments concerning the ease or difficulty (in terms of, 
e.g., time, cost and technological requirements), of removing, 
replacing, or altering the accused automobile driving-mode control 
systems, and the presiding administrative law judge shall, as part of 
any recommended determination issued pursuant to Commission Rule 
210.42(a)(1)(ii), make findings and issue a recommendation concerning 
the impact of this issue on any remedy or concerning the potential 
tailoring of any remedy based on this issue;
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Jaguar Land Rover Limited, Abbey Road, Whitley, Coventry CV3 4LF, 
United Kingdom
Jaguar Land Rover North America, LLC, 100 Jaguar Land Rover Way, 
Mahwah, NJ 07495

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Dr. Ing. h.c. F. Porsche AG, d/b/a Porsche AG, Porscheplatz 1, D-70435 
Stuttgart, Germany
Porsche Cars North America, Inc., One Porsche Drive, Atlanta, GA 30354
Automobili Lamborghini S.p.A., Via Modena 12, 40091 Sant'Agata 
Bolognese (BO), Italy
Automobili Lamborghini America, LLC, 2200 Ferdinand Porsche Drive, 
Herndon, VA 20171
Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, Germany
Volkswagen Group of America, Inc., 2200 Ferdinand Porsche Drive, 
Herndon, VA 20171
Audi AG, Auto-Union-Stra[szlig]e 1, 85057 Ingolstadt, Germany
Audi of America, LLC, 2200 Ferdinand Porsche Drive, Herndon, VA 20171

    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: December 21, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28675 Filed 12-28-20; 8:45 am]
BILLING CODE 7020-02-P