FMReps Consulting Enterprises, LLC v. Ford Motor Company (U.S. District Court): Served as litigation counsel for Ford Motor Company in a patent infringement lawsuit alleging that Ford’s software supporting its certified pre-owned vehicle program infringed two patents directed to a computerized certification process. Under Brooks Kushman’s direction, Ford moved to dismiss at the pleading stage, arguing the asserted patents were invalid under 35 U.S.C. § 101. The court agreed, holding the patents were directed to an unpatentable abstract business idea and relied on routine computer functions such as dashboards, real-time data displays, role-based access, and tabbed interfaces to automate a longstanding process. The court dismissed all claims before discovery, expert reports, or trial, delivering an early and complete victory for Ford.

Lear Corporation v. NHK Seating of America Inc. (Settlement – E.D. Michigan): Only days into a federal jury trial, Lear Corp., represented by Brooks Kushman, and NHK Seating, informed a Michigan federal judge that the companies had reached a settlement in the patent infringement case involving headrest patents. Lear sued NHK Seating in 2013 saying the company infringed multiple patents for technology they used in their vehicle headrests. The case has been settled in its entirety.

Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Brooks Kushman served as lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration. Versata originally sought over $1.4 Billion in damages from Ford.  After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, our team held Versata to just $3 in nominal damages. Case No. 2:15-cv-10628.