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Federal Circuit Court Upholding Brooks Kushman Client Defense of Design Patents

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September 18, 2019

SOUTHFIELD, Mich. – Brooks Kushman Shareholders Marc Lorelli and Frank Angileri were featured in a Law360 September 13, 2019 article “Fed.Circ. Won’t Rethink Upholding Ford F-150 Design Patents” for the defense of the Automotive Body Parts Association v. Ford Global Technologies LLC, case number 18-1613, at the U.S. Court of Appeals for the Federal Circuit.

The article discusses a recent Federal Circuit Court decision on Friday, September 13, 2019 to uphold the validity of two design patents covering automotive body parts for Ford’s F-150 pickup truck. In this issue, the Automotive Body Parts Association (ABPA) sued Ford Global Technologies asking for the patents covering hoods, mirrors, and headlamp designs invalidated after Ford claimed patent infringement when the ABPA members were selling repair parts that were covered by the design patents. The courts ruled to uphold the design patents and rejected the ABPA’s appeal to the decision.

The ABPA’s August petition for rehearing stated that the court’s decision resulted in an unworkable test and complained that inventors could use design patents to “control the aftermarket for car repair and replacement parts.” The appeals court rejected the petition for rehearing.

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 has successfully tried patent, trademark, and trade secret copyright cases in Federal Courts nationwide.

Angileri is the President of Brooks Kushman and focuses his practice on intellectual property litigation and post-grant proceedings. With over 25 years of experience, Frank has successfully tried patent, trademark, trade secret, and copyright cases in Federal Courts nationwide, the Courts of Appeals for the Sixth and Federal Circuits, and the International Trade Commission.

The full Law360 article can be found here.

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.

Contact:
Amanda Barnes, Marketing Coordinator
(248) 358-4400

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