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Home - Merchant & Gould P.C.

The Automotive and Powersports Group at Merchant &amp; Gould includes attorneys with a deep understanding of technology and innovation within these industry areas and their related suppliers. In fact, many of our attorneys in the group hold highly relevant degrees in the mechanical, electrical, and materials science fields with some additionally having direct engineering experience within the automotive industry. &nbsp;&nbsp;

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We have counseled clients and drafted and prosecuted patent and trademark applications within a broad spectrum of relevant topics such as hybrid vehicle technology, superchargers, engine waste heat recovery systems, exhaust and emissions systems, differentials, clutches, steering systems, fluid power systems, aftermarket accessories, and vehicle control systems. &nbsp;We have also represented clients in contested matters involving industry manufacturers and have provided numerous legal opinions regarding patent validity and infringement issues. &nbsp;Our attorneys also have experience in providing advice and drafting experience on license agreements and joint development ventures.

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We at Merchant &amp; Gould recognize that long-term client relationships are central to the success of our firm and the longevity of our well-established name. By aligning ourselves with our clients’ interests, and providing legal and technical expertise coupled with our specific knowledge of the automotive and powersports industries, we are uniquely positioned to be a valued member of every client’s team in this field.

New York

Partner

Jonathan Berschadsky

Minneapolis

Dennis R. Daley

Julie R. Daulton

Andrew S. Ehard

Denver

Peter A. Gergely

Christian J. Hansen

Washington, D.C. Area

Joshua  A. Hartman

T.  Patrick Johnson

Associate

Lindsay Jones

George C. Lewis, P.E.

Danielle I. Mattessich

Senior Counsel

Tarik M. Nabi, Ph.D.

John C. Reich

David  G. Schmaltz

Taylor R. Stemler

Atlanta

D. Kent Stier

Sophia I. Vogeler

Knoxville

Elizabeth Harwood Pierce

Erin E. Herdeman

Daniel L. Bruzzone

Merchant &amp; Gould P.C., a national technology and trial law firm, is pleased to announce a crucial victory for our clients TYC Brother Co., Ltd. and Genera Corp. before the U.S. International Trade Commission (ITC). In a pair of investigations concerning design patents related to automotive lamps, the ITC found no violation of section 337 by TYC Brother and Genera based on Complainants Hyundai’s and Kia’s failure to satisfy the ITC’s domestic industry requirement.



Merchant and its co-counsel Holland Law LLP were retained to defend TYC Brother and Genera against twin complaints filed with the ITC by automotive manufacturers Hyundai and Kia. The complaints asserted a combined 41 design patents against TYC Brother and Genera’s replacement headlights and taillights and sought orders that would have stopped all imports and domestic sales of those products.



An early evidentiary hearing was ordered under the ITC&#8217;s early disposition pilot program to determine whether the complainants satisfied the ITC’s domestic industry requirement. These investigations are the only ones to date for which the pilot program has been used.



Merchant identified numerous flaws in the complainants’ domestic industry evidence and analysis and developed a comprehensive record supporting our clients&#8217; positions. Following the ALJ’s initial determination, Merchant obtained full review by the ITC and submitted extensive briefing.



After considerable deliberations, the ITC agreed with Merchant, concluding that the complainants failed to satisfy the domestic industry requirement as to all 41 asserted patents. As a result, the ITC terminated the investigations with findings of no violation by TYC Brother and Genera, enabling their accused lamps to remain available to U.S. consumers, securing their access to high-value replacement parts.



&#8220;We are thrilled with the ITC&#8217;s ruling in favor of our clients, TYC Brother Co., Ltd. and Genera Corp. From the outset, we were confident in our case and in the merits of our clients&#8217; position. This outcome underscores the importance of thorough domestic industry analysis in section 337 investigations. And it is a significant win, both for the Respondents and for U.S. consumers who will continue to have access to high-quality, affordable automotive parts,&#8221; said Josh Hartman, Lead Counsel at Merchant &amp; Gould.&nbsp;

ITC Rules in Favor of TYC Brother Co., Ltd., and Genera Corp., Represented by Merchant & Gould

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