Patent suit not good for US Prius imports

I have attached the PDF of the ITC complaint for your reading pleasure.

The complaint is based on infringement of U.S. Patent No. 5,343,970 (also attached), which expires in just over 3 years. In addition to the Gen 3 Prius, the complaint seeks to halt imports of the Camry Hybrid, and Lexus HS250h and RX450h.

Because of the successful litigation and Toyota's admissions, the complex patent issues should not have to be determined by the ITC. That may streamline the process and Paice states that it will seek a summary determination as early as October. So it could take much less than the 15-18 months previously reported.

 

International Trade Commission may temporarily ban imports of the Prius pending a court decision:

Here's a summary for those that don't want to read the article:
In a previous lawsuit against Toyota by Paice LLC, claiming patent infringement, a U.S. Federal Judge declined to block Prius imports during the trial. However, there is a new lawsuit, filed with the International Trade Commission, and modus operandi for the ITC is to block imports until a verdict can be reached. The ITC just announced that they will hear the case. So, this means that Prius imports may be blocked by court order pending a verdict. This could cause Prius prices to skyrocket in the United States. If you want a new Prius, you might have to bring a briefcase with you and talk to the guy standing on the corner.

Toyota U.S. Patent Trade Case Over Hybrid Considered (Update1) - Bloomberg.com

.

 

Paice appears to make no products and the patent is still in appeals. But they have been getting $98/car in royalties. Understand I would be more sympathetic if Paice had built something that shows the technology.

There is a big difference between a paper and having at least a research vehicle. But I suspect Paice is also aware of the patents they too would have to license to build a practical vehicle. Patent sitting, the clock is ticking.

Bob Wilson

 

That means that $98 of that check that you wrote to Toyota went to Paice.
Maybe someone can setup a class action lawsuit to get your money back.

 

Oops!

 

I really agree with you. No one should be allowed to patent the hybrid idea. Toyota should just bury them. Also, Toyota should get the other car makers to join in and pool their resources against these money hungry people.

 

The patent expires on Sept 15th 2012. They are trying to milk more because $100 per hybrid is not enough.

 

There is a pretty good write-up over at hybridCars:

Expert Explains Toyota?s Hybrid Patent Problems | Hybrid Cars

Sounds like an attempt to renegotiate the earlier court settlement.

Bob Wilson

 

I agree that the linked article gives a good discussion of the issues and process. Anyone interested should probably read it.

HOWEVER, the 2005 case did not involve the Gen III Prius or the other hybrids at issue because they did not exist. Toyota does not have a license and is not paying any royalty on the new vehicles. That's the whole point. While there is another infringement suit involving the newer hybrids, there is no decision and thus nothing to "attempt to renegotiate...." In fact, if there were a license then the ITC would be powerless.