Federal Circuit Court Won’t Revisit Design Patent Decision and Affirms Decision In Favor Of Brooks Kushman Trial Victory

Wednesday, September 09, 2020

SOUTHFIELD, Mich.Brooks Kushman Shareholder Marc Lorelli was mentioned in Law360’s September 8, 2020 article, “Fed. Circ. Won'r Revisit Ford's Design Patent Win."

The Federal Circuit has declined to examine a recent order finding that New World International Inc. (“New World”), Auto Lighthouse Plus LLC, and United Commerce Centers Inc., marketers and distributors of aftermarket automotive parts and accessories, have willfully infringed 13 design patents owned by a Ford Global Technologies LLC. The Federal Circuit court recently rejected the bid which asked the three-judge panel to review the case or for the full court to rehear the case. The one-line order did not expand on why the companies' appeal was denied.

The original complaint was filed in 2015 against Texas-based aftermarket auto body parts distributor 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 judge found summary judgment of infringement of all 13 design patents. The jury rejected New World’s argument that the design patents were invalid for indefiniteness and found New World’s infringement was willful and awarded disgorgement of New World’s profits. This decision was affirmed upon appeal at the Federal Circuit.

Marc Lorelli is the Co-Chair of Brooks Kushman’s intellectual property litigation practice. He has been instrumental in building, developing, and growing the team. Throughout his career, Lorelli successfully tried patent, trademark, trade secret, and copyright cases in the Federal Courts nationwide. Marc, as lead counsel, also prevailed in several investigations as both Complainant and Respondent in the International Trade Commission. Marc’s current practice includes extensive activity with Post-Grant Proceedings before the U.S. Patent and Trademark Office, as these proceedings continue to play a major role in his patent litigation strategy.  Marc also is actively involved in re-examination, re-Issue, and the prosecution of high-value patents that are expected to result in licensing or litigation activities. 

Click here to read the Law360 article.

About Brooks Kushman P.C.

Brooks Kushman P.C. is a premier intellectual property (IP) and technology law firm dedicated to the advancement and protection of innovations and brands that propel businesses around the world. With offices in Michigan and California, we work alongside corporations, small to medium sized businesses, and leading universities to protect their intellectual property assets. Our attorneys have a broad range of experience in industries and technologies, including consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, and retail.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, and Intellectual Property Today. For more information, please visit www.BrooksKushman.com.