WOODBRIDGE, Ontario – A three-year investigation by Litens Automotive Group, a supplier of OE and aftermarket tensioning products, has led to an injunction against two China-based companies that have been manufacturing, selling and marketing products that infringe upon a U.S. patent held by Litens, according to company officials.
The companies – Newsun Bearings (U.S.A.), Inc., and Sunshine-AIS Bearings Co. Ltd. – were served with a court order by U.S. officials at the 2006 AAPEX Show in Las Vegas on Nov. 1.
“This is the culmination of a multi-year investigation by Litens and several investigating agencies,” said Tyson Bytzek, vice president, sales and marketing of Litens Automotive Group. “Newsun has attended many major automotive-related trade shows since Automechanika in Frankfurt, Germany in 2004, displaying tensioners.
“It was our intent to ensure that Newsun, Sunshine-AIS and other companies like them know that there are industry ‘watch dogs’ out there, and that we will indeed take whatever action is necessary to protect our intellectual property rights.”
Litens said that the U.S. District Court, District of Nevada issued an injunction against Newsun and Sunshine-AIS that prohibits those companies from offering for sale and selling in the U.S., tensioners that infringe upon Litens’ U.S. Patent Re 34,543, titled “Belt Tensioner with Releasable Belt Load Damping,” and in particular Newsun part numbers NS6444, NS6312B and NS6432.
“Litens had previously provided Newsun and Sunshine-AIS with a letter in Chinese informing them that the manufacture and sale of certain timing belt tensioners likely infringe upon one or more Litens patents in the U.S. and in Europe,” said Bytzek, “but the companies ignored our warnings.”
A Writ of Execution was obtained from the United States District Court and enforced through the U.S. Marshall against Newsun and Sunshine-AIS at the 2006 AAPEX Show. Samples of tensioners, customer contact lists, price lists, brochures and display banners were taken into custody.
“These efforts will continue until Newsun and Sunshine-AIS fully comply with the terms of the court order,” Bytzek said. “Pursuing companies that infringe upon our patents helps protect associate jobs, ensures engineering costs are recovered and increases the value of our products to our distributing partners,” he added. “Companies that choose to distribute products that violate patents are putting their businesses at risk of legal action, as well as offering the industry products that may not meet OEM quality standards, which might potentially cause engine failure.”
Litens has commenced a similar infringement action against Newsun and Sunshine-AIS in Europe which is still pending before the District Court of Frankfurt, Germany.
