Toyota Hybrid Patent Problems In The US

Toyota has introduced the most advanced hybrid technology and sold some 2 million of its Prius cars. Yet, in the United States, there are patent issues that could stop the sales. Yup, there are people in the US who are trying to argue that hybrid cars from Japan should not be sold in the US.

I first mentioned hybrids in a post way back in May, 2005, quoting Walt Whitman.

Toyota introduced hybrid engines in 1997. From their annual report that year:

We welcome healthy disagreements in research and development. Spirited debate and competition are the essence of fertile R&D. In the words of the poet Walt Whitman, "Do I contradict myself? Very well then....I contradict myself; I am large....I contain multitudes."

The pioneer at Toyota who developed the hybrid engine is Dr Takehisa Yaegashi. Yaegashi-sensei is not that well known, but he won a prestigious award for "Best engine of the year" at the Engine Expo 2004, Stuttgart.

In 2002 he was co-recipient of the American Sustainable Environmental Institute (SEI) prize to the 2001 most influential 10 people in the world who have contributed to sustainable environment. In 2006 he, together with two colleagues at Toyota, was awarded the International Environmental Prize of Göteborg City for their unique, goal-oriented and decisive contribution to the development of Prius, the first commercial hybrid vehicle in the world.

However...

Trying to make vehicles that run on less petrol? Hoping sell a car to the kind of driver that just wants to lower CO2 emissions, and get the best mileage possible? Using lithium batteries and sophisticated computers to help drivers drive in a more clever way?

In the US, the patent system seems to be making that a very difficult bargain. If the allegations are upheld by the U.S. International Trade Commission (ITC), Toyota could be ordered to stop using the patented technology in its Hybrid Synergy Drive system, and to bar the import of any vehicle containing it. Yes, you read that right. Toyota could be legally ordered, by the US government, to not sell any more Prius in the US.

All About Prius: Trade Panel to Investigate Infringement Claim

Toyota has issued a strongly worded statement saying it would prevail, saying it "has many patents on the hybrid technology." Toyota added that it "believes that it has strong defenses against all of Paice's claims and...will prevail in the ITC proceeding."

Paice LLC, of Bonita Springs, Florida is not a car company. They don't make, and they don't sell, a single vehicle.

By now, Toyota has fought several claims before the ITC. The commission, set up to bar unfair trade practices, can stop imports but cannot impose royalty payments or financial penalties. To win its case, Paice LLC must demonstrate that it can successfully market and profit from its patents. Since it is not a car company, it is difficult to understand what they are actually trying to do, except to make trouble for Toyota.

Paice LLC complained to the U.S. International Trade Commission in Washington alleging that Toyota is violating a patent it holds for powertrains that feature both an internal combustion engine and an electric motor – better known as hybrids.

Autobloggreen.com notes that this isn't the first time these two companies have grappled over hybrid drivetrain patents:

Back in 2005, Paice won an initial judgment against Toyota that resulted in an order that the automaker to pay Paice monetary damages of $4.3 million, though the judge rejected a request to force Toyota to halt sales of hybrid vehicles in the U.S. at that time.

Photo: New York City Toyota Prius Hybrid Taxi, from NHK Special on October 18.

100年に一度と言われる経済危機。20世紀を牽引した石油の時代の大転換。今、技術や産業のあり方からライフスタイルまで「自動車の常識」が大きく変わ る時代が訪れている。軒並み赤字に陥った大手自動車メーカーは、この事態にどう立ち向かおうとしているのか。ＧＭ破綻後、名実共に世界一の自動車メーカー となったトヨタ。他社に先駆けて開発した独自のハイブリッド技術を武器にエコカー市場をリードしようとしている。走行距離や価格等の面で電気自動車の普及 にはまだ時間がかかると見て、まずはガソリン・電気を併存させるハイブリッド車で移行期の戦いを有利に進めようという戦略だ。膨大な数の自動車部品メー カーを巻き込みながら復活に向け舵を切るトヨタ。その浮沈は、日本のモノづくり産業の今後を大きく左右するものとなる。激動の時代を生き抜くトヨタの 「ロードマップ」、新型ハイブリッド車の開発の最前線、打撃を受けたアメリカ市場のテコ入れ、部品メーカーの模索。密着取材の中から自動車の未来像、「自 動車革命」の実像を見せていく。