ERJ staff report (TB)
Washington DC -- Three companies making Michelin-brand windshield wiper blades are not infringing on the wiper blade patents of Robert Bosch L.L.C., according to an International Trade Commission (ITC) administrative law judge.
On Oct. 2, Judge Charles E. Bullock granted the motion for summary determination of Pylon Manufacturing Co. of Deerfield Beach, Fla.; Danyang UPC Auto Parts Co. of China; and Scan Top Enterprise Co. Ltd. of Taiwan. All three manufacture the Michelin Stealth, Michelin Pro Series and Michelin Optimum hybrid wiper blades, referred to as "Michelin Hybrid Blades" in court documents. A redacted version of Judge Bullock's order was made public Oct. 25.
Bosch filed a Section 337 complaint with the ITC against Pylon, Danyang, Scan Top and 10 other manufacturers on Oct. 26, 2011. Bosch claimed that all 13 companies infringed on various aspects of Bosch's five "905" wiper blade patents.
In his Oct. 2 ruling, Judge Bullock determined that Bosch had not proved its case against Pylon, Danyang or Scan Top. In arguing that the Michelin designs were not "conventional" wiper blades, Bosch failed to establish that they contained any of the patented support elements in the Bosch designs, he said.
Bosch has applied to Judge Bullock for leave to file a corrected petition against the three companies. The action against the other 10 manufacturers is still pending.
From Tire Business (A Crain publication)