When the Commission instituted the investigation in September, it granted Mahindra's request to decide through an early disposition proceeding whether the complaint was barred by a previous agreement with FCA. The determination did not go in Mahindra’s favor.
A look at the ITC’s docket in 2018 shows very clearly that the trade agency’s patent powers are very rarely being used to protect domestic industries from shady foreign pirates. The agency’s broad jurisdiction under Section 337 mostly just enables forum shopping, excessive remedies and abusive litigation—all while undermining the power of constitutional courts.
Automobiles, along with their various components, are a common target in ITC patent investigations. They’re also the subject of two recent docket actions, including a new complaint and an initial determination of no violation.