FMReps Consulting Enterprises, LLC v. Ford Motor Company

Motion to Dismiss Granted

Case Dismissed with Prejudice

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Brooks Kushman, a Michigan-based intellectual property law firm, successfully defended Ford Motor Company (“Ford”) in a patent infringement lawsuit alleging Ford software used to support its certified pre-owned vehicle program infringes the two asserted patents. The court dismissed the case at the pleading stage, holding that the asserted patents were invalid under US patent law and could not support an infringement claim. The plaintiff alleged that Ford’s workflow software for inspecting, approving, and certifying used vehicles infringed two patents covering a computerized certified preowned process. Ford moved to dismiss the case early in the litigation, focusing the court on a threshold legal issue rather than lengthy and costly discovery and technical fact disputes.  The court agreed with Ford’s position and ruled that the patents were directed to an unpatentable abstract business idea. Specifically, the court found that the claimed features relied on routine computer functions such as dashboards, realtime data displays, rolebased user access, and tabbed interfaces to automate a process that dealerships have followed for decades. Applying established Supreme Court and Federal Circuit precedent, the court held that converting a traditional paper-based workflow to software does not make it patentable.  Because the patents were invalid as a matter of law, the court dismissed all claims before discovery, expert reports, or trial.  Why This Matters  This decision provides a clear win for companies facing claims of patent infringement directed to abstract and unpatenable ideas.    For Ford, the ruling eliminated litigation risk early and preserved the company’s ability to operate and  innovate without disruption. More broadly, the case demonstrates the strategic value of challenging patent eligibility at the outset to control cost, avoid prolonged exposure, and resolve highstakes disputes efficiently.  John LeRoyChristopher Smith, and Reza Roghani Esfahani represented Ford in this matter. 

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