In a matter involving thirteen design patents covering Ford Motor Company’s 2004 F-150 and 2005 Mustang models, a team of Brooks Kushman trial attorneys successfully represented Ford Global Technologies, LLC by obtaining a jury verdict of willful infringement and was awarded damages. The complaint was filed in 2015 against Texas-based aftermarket auto body parts distributor New World International, Inc. (“New World”) and included design patents related to headlamps, hoods, mirrors, bumpers, taillamps and grills for the 2004 F-150 and 2005 Mustang models.
Prior to trial, the Brooks Kushman team filed a motion for summary judgment, alleging that New World’s aftermarket parts are substantially the same as, and therefore infringe, Ford’s thirteen design patents. The court agreed with the attorneys at Brooks Kushman and granted summary judgment on infringement of all thirteen design patents. In doing so, the court rejected New World’s arguments that Ford’s patents were invalid and unenforceable.
A jury trial then proceeded to determine willfulness and damages. During discovery, BK attorneys used their investigatory prowess to uncover suspicious documents and spoliation by New World, which supported a finding of willfulness. Moreover, our litigators were so successful in their cross-examination of New World’s expert that they did not even need to call their own expert witness to the stand. The jury found New World’s infringement was willful and awarded disgorgement of New World’s profits in the amount of $493,057. The judge also deemed this an exceptional case and awarded $2.1 million in attorneys fees.
On June 22, 2020, the Federal Circuit affirmed without opinion the judgement against New World International on all 13 design patents.
Team Members Include: Marc Lorelli and Frank Angileri