7 Chinese companies involved in Toyo patent case comments

The U.S. International Trade Commission (ITC) has set Aug. 28 as the deadline for interested parties to file comments on a patent infringement petition filed by Toyo Tire Holdings of Americas Inc.

Toyo and its affiliates, including Nitto Tire U.S.A. Inc., filed a complaint with the ITC Aug. 14 alleging that 22 different manufacturers, importers and retailers of passenger and light truck tires were involved in importing and selling tires in the U.S. that infringed on eight U.S. design patents held by Toyo.

The tire maker wants the agency to bar the further importation of the tires in question, as well as the sale of those tires that have already entered the U.S.

The ITC wants the proposed respondents and other interested parties to comment on how the relief requested by Toyo would affect U.S. consumers, U.S. tire production and the U.S. economy.

In particular, the agency said it wants to know:

• How the tires in question are used in the U.S.;

• Whether the remedy requested by Toyo affects the public safety, health or welfare in the U.S.;

• Which directly competitive tires made in the U.S. could replace the tires in question;

• Whether Toyo, its licensees or third-party suppliers have the capacity to replace the tires in question if they were barred from U.S. import and sale; and

• How banning the tires would affect U.S. consumers.

Interested parties will have further opportunity to comment after the ITC makes its final initial determination in the case, the agency said.

Proposed respondents in the Toyo complaint are: Hong Kong Tri-Ace Tire Co. Ltd., Guangzhou, China; Weifang Shunfuchang Rubber & Plastic Co. Ltd., Shouguang City, China; Doublestar Dong Feng Tyre Co. Ltd., Shiyan, China; Shandong Yongtai Chemical Group Co. Ltd., Shangrao, China; MHT Luxury Alloys, Rancho Dominguez, Calif.; Wheel Warehouse Inc., Anaheim, Calif.; Shandong Linglong Tyre Co. Ltd., Zhaoyuan City, China; Dunlap & Kyle Co. Inc., d/b/a/ Gateway Tire and Service, Batesville, Miss.; Unicorn Tire Corp., Memphis, Tenn.; West KY Customs L.L.C., Benton, Ky.; Svizz-One Corp. Ltd., Bangpla, Thailand; South China Tire and Rubber Co. Ltd., Guangzhou City, China; American Omni Trading Co. L.L.C., Houston, Texas; Tire & Wheel Master Inc., Stockton, Calif.; Simple Tire, Cookeville, Tenn.; WTD Inc., Cerritos, Calif.; Guangzhou South China Tire & Rubber Co. Ltd., Aotou, China; Turbo Wholesale Tires Inc., Irwindale, Calif.; TireCrawler.com, Downey, Calif.; Lexani Tires Worldwide Inc., Irwindale, Calif.; Vittore Wheel & Tire, Asheboro, N.C.; and RTM Wheel & Tire, Asheboro, N.C.

Those wishing to comment are requested to limit said comments to no more than five pages, including attachments, the ITC said.

Comments can be submitted to the ITC at: U.S. International Trade Commission, 500 E. St. S.W., Washington D.C. 20436, or electronically via the federal government's Electronic Document Information System (EDIS) at http://edis.usitc.gov.

Submissions should contain a reference to Docket No. 2973 in a prominent place on the cover letter and/or first page, the ITC said.

Those wishing to submit comments electronically must register at the EDIS site in order to access the comment section. The document ID is 516095; the investigation number is 337-2973.