ArvinMeritor says redesigned software will enable to the company to continue marketing the ZF FreedomLine transmission system in this country
, despite an import prohibition by the U.S. International Trade Commission.
The ITC recently issued a limited exclusion order blocking importation of the FreedomLine. The Commission was acting on a complaint filed by Eaton Corp. in 2003 claiming 76 infringements on 6 Eaton patents. Following hearings and review petitions the ITC sided with an administrative law judge who ruled in January that one claim on one patent was infringed.
“We clearly understand the ITC ruling and will not import, market or sell any products that violate the ruling,” said Wolfgang Vogel, executive vice president, Commercial Vehicle and Special Driveline Technology for ZF Friedrichshafen AG, which manufacturers the FreedomLine. However ZF and its U.S. importer, ArvinMeritor, said the claim pertains to a non-critical aspect of the transmission which is not integral to its operation. They also said that the redesign, which was done after the January decision, has no effect on the functionality of the transmission and is in accordance with the ruling.
James Sweetnam, senior vice president and group executive of Eaton’s Truck business said they are pleased with the ITC’s decision and will “continue to vigorously defend our patents against infringement by any other companies, domestic or foreign, as we have done in this case.”