ITC Backs BMW and GM in SUV Patent Case

The U.S. International Trade Commission (ITC) affirmed an initial ruling by an administrative law judge (ALJ) that Finnegan client BMW did not infringe semiconductor technology in their electric sports utility vehicles (SUVs). In June 2021, Arigna Technology filed a complaint with hopes to ban the importation and sale in the United States of a variety of hybrid and all-electric SUVs, as well as other vehicles produced by BMW.

Finnegan partner Lionel Lavenue told World IP Review that, “the allegations threatened the importation of these fuel-efficient vehicles and would have harmed BMW’s significant domestic manufacturing efforts in South Carolina.”

"BMW’s counsel at Finnegan is very pleased with the correct and just result by the ITC that affirmed ALJ Bhattacharyya’s key rulings and terminated the investigation of BMW with a finding of no violation. The ALJ ruled in BMW’s favor after a five-day evidentiary hearing held from April 4-8, 2022, where Arigna asserted its patents were infringed by BMW. The ITC’s decision rejects the majority of Arigna’s positions and adopted the ALJ’s rulings, denying Arigna any remedies against BMW. The ITC further confirmed, correctly, that Arigna’s asserted patents are invalid and not infringed,” Lavenue said.

He added, "Finnegan is proud of its team that led to this success for BMW." 

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