Carku wins ITC case for the third time against NOCO

In a U.S. International Trade Commission (ITC) Section 337 case announced on July 8, 2024, Chinese lithium battery company Carku achieved another victory against its U.S. rival NOCO. This marks Carku’s third consecutive win in Section 337 investigations, the first Chinese company in the industry to achieve this. 

Shenzhen Carku Technology specializes in research and development, production and sales of lithium battery technology application products. Since introducing its first lithium portable car jump starter in 2011, Carku has earned market recognition. The company has filed 947 patent applications worldwide, with 657 patents successfully granted. 

On the other hand, NOCO is a multinational corporation established in 1914. It is known for designing and producing consumer battery chargers, jump starters, batteries and various related accessories. 

The legal battles between Carku and NOCO began in January 2021 when NOCO filed a complaint with the ITC, requesting a Section 337 investigation on Carku for patent infringement. In the initial ruling on April 29, 2022, the ITC determined that NOCO’s 10,604,024 patent failed to meet domestic technical industry requirements and that Carku did not infringe on NOCO’s patents. In August 2022, the ITC upheld this decision in its final ruling. 

NOCO chose not to appeal the decision but instead filed another Section 337 investigation with the ITC on February 13, 2023. The company alleged that portable jump starters imported and sold by Carku in the U.S. infringed its IP. The ITC split the investigation into case numbers 337-TA-1360 and 337-TA-1359. The former addressed NOCO’s claims of trade dress infringement, false advertising and unfair competition, while the latter focused on NOCO’s patent infringement claims. Both cases resulted in favour of Carku in the initial ruling by the ITC.  

In the 337-TA-1359 case, Carku’s third Section 337 investigation, the ITC determined that Carku did not violate Section 337 of the 1930 Tariff Act and its products did not infringe NOCO’s U.S. patents. This case involved investigating whether Carku’s products have infringed NOCO’s U.S. ‘992, ‘808, ‘452, ‘213, ‘023 and ‘243 patents, with up to six patents and 177 claims. 

“Carku expresses gratitude to the ITC for making another fair ruling. We will firmly resist any abuse of patent litigation rights and counterattack through legal means to protect the interests of our company and our customers,” said a Carku representative.  

According to Carku, patents are crucial in protecting technological achievements and encouraging innovation. However, the company noted that “patent battles often become the most direct and effective means of commercial competition, especially in overseas markets where domestic intellectual property systems started late and developed slowly, making companies more susceptible to patent traps.”  

The legal battles between Carku and NOCO extend beyond the U.S. Reports indicate ongoing disputes between the two companies in multiple jurisdictions, including Germany, the UK, Canada, and China. Carku is actively defending itself and retaliating against NOCO in these jurisdictions.