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US prepares to sue Fiat Chrysler over diesel emissions testing

NEW YORK - The Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV over excess diesel emissions as early as this week if no agreement is reached with the Italian-American automaker, two sources briefed on the matter said on Wednesday. The Environmental Protection Agency in January accused FCA of illegally using undisclosed software to allow excess diesel emissions in about 104,000 cars and SUVs, the result of a probe that stemmed from regulators' investigation of rival Volkswagen AG. The EPA and California Air Resources Board have been in talks with FCA about the excess emissions and whether the agencies would approve the sale of 2017 FCA diesel models. A federal judge in California has set a May 24 hearing on a series of lawsuits filed by owners of vehicles against Fiat Chrysler and the Justice Department is expected to file its action by then if no agreement is reached. FCA said on Wednesday it believed that any litigation would be "counterproductive" to ongoing discussions with the EPA and California Air Resources Board. The company added that "in the case of any litigation, FCA US will defend itself vigorously, particularly against any claims that the company deliberately installed defeat devices to cheat U.S. emissions tests." The Justice Department took the same procedural step in early 2016 against Volkswagen, nearly four months after the German company admitted using software to emit excess diesel emissions in nearly 500,000 vehicles. The Justice Department has had an ongoing criminal investigation into FCA's conduct since last year, Reuters reported in January. The probe has turned up internal emails written in Italian and other documents about engine development and emissions issues, sources briefed on the probe said. U.S. regulators said FCA failed to disclose engine management software in 104,000 U.S. 2014-2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0-liter diesel engines. The European Commission has launched legal action against Italy for failing to respond to allegations of emission-test cheating by Fiat Chrysler in a procedure that could lead to the country being taken to court. The EPA has said the maximum possible fine against FCA could be $4.6 billion. In February, FCA said it had received requests for information and subpoenas from U.S. federal and state authorities, including the Securities and Exchange Commission, for diesel issues.

U.S. opens probe into whether VW vehicles infringe Jaguar Land Rover patents

WASHINGTON — The U.S. International Trade Commission (ITC) said on Monday it is opening in investigation into whether Volkswagen AG infringed on patents held by Jaguar Land Rover for a system used for off-road driving. In November, Jaguar Land Rover, a unit of Tata Motors, filed a complaint with the ITC seeking to prevent the import of some VW Porsche, Lamborghini and Audi models with "certain vehicle control systems" that allegedly infringe on it patents held for its Terrain Response system. The models include the Lamborghini Urus, Porsche Cayenne and AudiÂ’s Q8, Q7, Q5, A6 Allroad, and E-Tron vehicles and the VW Tiguan. The ITC said it has made no decision on the merits. VW said in a statement it was examining the action and determining its next steps. "We will of course cooperate with investigating authorities. While we cannot comment on any details of the proceedings, we strongly believe that the claims have no merit and will robustly defend our position," VW said. Many automakers offer a suite of off-road powertrain controls, but JLR claims Volkswagen's tech is more than just similar.  Jaguar Land Rover (JLR) said the vehicles "have used JLRÂ’s patented inventions without payment or permission" notably a patent for an "improved system for driving a vehicle on different driving surfaces, in particular off-road." JLR says its Terrain Response technology uses the patented technology to maximize performance on off-road driving surfaces, including grass, snow, mud, sand and rocks.

Submit your questions for Autoblog Podcast #299 LIVE!

We record Episode #299 of the Autoblog Podcast tonight, and you can drop us your questions and comments via our Q&A module below. Subscribe to the Autoblog Podcast in iTunes if you haven't already done so, and if you want to take it all in live, tune in to our UStream (audio only) channel at 10:00 PM Eastern tonight.
Discussion Topics for Autoblog Podcast Episode #299
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