MaxVal Blog

    Filter by Category
    Filter by Category

    Go Back to Homepage

    Featured Litigation Case of the Week: August 7, 2019

    FLCW-Aug-19

    In this post, we take a look at Ford’s lawsuit against New World International Inc. involving aftermarket parts for the 2004 F-150 and 2005 Mustang

    Ford’s 2004 F-150 and 2005 Mustang win $2,718,451.10 in a Litigation Race Against New World International Inc.

    Ford Global Technologies, LLC (hereafter “Ford”), based in Michigan, is a fully owned subsidiary of the Ford Motor Company. Ford manages certain intellectual property of Ford Motor Company and its affiliates.

    In 2003, Ford introduced a newly designed 2004 model F-150 truck.  In 2004, Ford introduced a newly designed 2005 Ford Mustang. For these new designs Ford invested over two years of effort and spent millions of dollars. In 2003, Ford applied for thirteen (13) design patents related to the body parts (Headlamp, Grill, Side Mirror, Bumper Fascia, Hood, Tail lamp, etc.) of 2004 model F-150 truck and 2005 Mustang.  These design patents (see table below) were granted in 2004 and 2005. 

    U.S. Patent No.

    Title

    Ford Vehicle

    D493,552

    Vehicle Headlamp

    2004 F-150

    D496,890

    Vehicle Grill

    2004 F-150

    D493,753

    Exterior of Vehicle Hood

    2004 F-150

    D496,615

    Vehicle Exterior Side Mirror

    2004 F-150

    D498,444

    Front Bumper Fascia

    2005 Mustang

    D501,162

    Front Bumper Fascia

    2005 Mustang

    D510,551

    Hood

    2005 Mustang

    D539,448

    Vehicle Tail lamp

    2005 Mustang

    D500,717

    Vehicle Exterior Side Mirror

    2005 Mustang

    D508,223

    Exterior of Vehicle Fender

    2005 Mustang

    D500,969

    Rear Bumper

    2005 Mustang

    D500,970

    Rear Bumper

    2005 Mustang

    D582,065

    Vehicle Headlamp

    2005 Mustang

    United Commerce Centers, INC., (UCC) doing business as New World International Inc. (NWI) and Auto Lighthouse are the Defendants in this matter. Auto Lighthouse sells automotive parts and accessories on the internet for various vehicles by operating virtual storefronts on the Amazon and eBay websites under the names Auto Lighthouse Plus and Auto Body Parts Express. Defendants operate four active websites offering the sale of aftermarket automotive parts.  The websites include autobodycarparts.com, autobodypartsnow.com, Quality-Parts.com, QualityParts.us. Despite knowing of the existence of Ford’s design patents, the Defendants sold aftermarket parts for the 2004 Ford F-150 and the 2005 Ford Mustang, without labeling the parts as refurbished, salvaged or otherwise authorized by Ford. 

    On September 28, 2011, Ford notified NWI about the existence of the patents-in-suit and their sale constituted an act of infringement of those patents. On November 20, 2013, NWI’s attorney responded that NWI would no longer offer the listed parts for sale, however, NWI failed to keep their word. 

    On November 22, 2017, Ford filed suit (3:17-cv-03201) against the Defendants in the United States District Court for the Northern District of Texas for infringement of the patents-in-suit. On May 2, 2018, Judge David C. Godbey scheduled a jury trial for November 13, 2018 to allow both parties to present their evidence. The jury trial ended November 15, 2018. The next day, the jury returned their verdict stating that the Defendants had infringed all thirteen of Ford’s design patents. On March 4, 2019, Judge Godbey entered judgment in favor of Ford with a damage amount of $493,057 and $75,000 as prejudgment interest. 

    Unhappy with the judgment, Ford filed an Interlocutory appeal suit (2019-1747), on April 9, 2019, to reconsider the Judgment in the Federal Court of Appeals. On the same day, a revised final Judgment was released by the District Court specifying a damage amount of $568,057, plus $41,721.60 in additional recovery, $2,108,672.50 for Ford’s attorney fees, and post judgment interest at the rate of 2.41%, compounded annually from the date of this final judgment. Further the Judge ordered a permanent injunction against the Defendants from manufacturing and selling the accused products. On July 29, 2019, Ford moved for an unopposed Motion to voluntarily dismiss the appeal case filed by them.  The Motion was granted by the Federal Court of Appeals Judge.

    Blog Litigation

    Go Back to Homepage

    Generic Players to Benefit from Paragraph IV Approvals amidst FDA’s Push for Transparency and Competition
    Featured Patent Applications of the Week: August 8, 2019

    About Author

    MaxVal
    MaxVal

    Related Posts
    Featured Litigation Case of the Week: August 21, 2019
    Featured Litigation Case of the Week: August 21, 2019
    Featured Litigation Case of the Week: August 14, 2019
    Featured Litigation Case of the Week: August 14, 2019
    Featured Litigation Case of the Week: July 31, 2019
    Featured Litigation Case of the Week: July 31, 2019

    Comment

    Subscribe To Blog

    Subscribe to Email Updates