The protective stance adopted by Jaguar Land Rover over its Terrain Response system, a patented innovation that adjusts the performance of its vehicles under various driving conditions, including on roads, grass, gravel, snow, mud, sand, and rocks, is evident. The automaker has taken a firm stand by challenging multiple brands affiliated with Volkswagen to defend its patent rights. Jaguar Land Rover has sought to halt the importation of Porsche, Lamborghini, Audi, and VW SUVs into the U.S., alleging unauthorized utilization of its technology.
The lawsuit, registered under In the Matter of Certain Vehicle Control Systems, 337-3508, at the U.S. International Trade Commission, reflects Jaguar Land Rover’s commitment to safeguard its operations in the United States against entities introducing infringing products into the market. Matthew Moore, the legal representative of Jaguar, stated in the filing, “JLR seeks to protect itself and its United States operations from companies that have introduced infringing products into the U.S. market that incorporate technology developed by JLR without any license.”
The contested vehicles include the Porsche Cayenne; Lamborghini Urus; Audi Q8, Q7, Q5, A6 Allroad, and E-Tron; as well as VW’s Tiguan. Jaguar Land Rover indicated in the complaint that alternative luxury midsize SUVs and compact crossovers are available to meet consumer demands, even if these specified SUVs are prohibited from entry into the U.S.
This situation may seem familiar as Jaguar Land Rover filed a similar grievance against Bentley, a Volkswagen-owned entity, in 2016 shortly after the introduction of the Bentayga model. The Bentley SUV offers an all-terrain specification with four off-road settings designed for snow, ice, wet grass, dirt, gravel, mud, trail, and sand. Despite Bentley’s motion to dismiss, the court denied the request.
In a declaration by patent attorney Joseph Herndon, it was explained that “JLR filed a claim in the U.S. District Court for the Eastern District of Virginia, alleging that Bentley knowingly imitated the Terrain Response system installed in JLR’s Range Rover, which is protected by U.S. Patent No. 7,349,776 reissued as U.S. Patent No. RE46,828. Specifically, JLR claimed that Bentley infringed at least claims 21, 41, and 46 of the ‘828 patent.”
“The defendants Bentley Motors Ltd. and Bentley Motors, Inc. put forth a Motion to Dismiss,” Herndon elaborated further. “However, the court rejected the defendants’ motion, recognizing that the technology encompassed in the ‘828 patent improves computer functionality and focuses on a specific method of performing that function rather than merely executing a function in a computerized manner.”
In simpler terms, the court dismissed Bentley’s defense, and the legal matter is still under resolution in court.
The International Trade Commission addresses concerns related to unfair trade practices like patent violations. While it cannot impose penalties, it holds the authority to prevent products from entering the U.S. marketplace. This dispute may potentially become prolonged and elaborate, with Volkswagen presently authorized to continue shipping its products into the country.
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