Toyota Faces International Trade Hearing over Hybrid Patent Infringement Claims
By John O'Dell October 5, 2009
A Florida company that already has won a judgment against Toyota in a hybrid technology patent infringement case, will get a hearing before the U.S. International Trade Commission on its claim that the company's newer hybrids continue to infringe on the same patent.
And whereas the federal court that found for Paice LLC in the earlier Toyota patent infringement case refused to grant the company's request to bar Toyota from selling its Prius, Highlander and Lexus RX 400 hybrids in the U.S., the trade commission's only power, should it also find for Paice, is to block Toyota's imports.
Paice requested the hearing last month.
The company is alleging that Toyota continues to violate its patent in the technology used for the 3rd generation 2010 Prius, the Camry hybrid and the Lexus HS250 sedan and RX450h SUV hybrids, the Bloomberg news service reported today.
The company developed a method of delivering torque - the twisting force that drives the wheels - to a car's wheels from both an electric motor and an internal combustion engine.
It won a civil suit and a $4.8 million judgment against Toyota in 2005 and in April Toyota was ordered to pay Paice royalties on the wholesale prices of 2004-2009 Priuses and all Highlander and RX 400h hybrids.
Toyota is appealing that ruling and told Bloomberg today that it expects to be able to prevail over Paice in the trade commission hearing.
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