News & Analysis as of

OEM

Connected Cars: Internet of Things Webinar Update

by Hogan Lovells on

On July 26th, Hogan Lovells hosted another installment in its 2017 webinar series on emerging issues involving the Internet of Things (IoT). This webinar focused on potential legal issues with connected vehicles and smart...more

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

by Hogan Lovells on

OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

Takata Declares Bankruptcy: What are the Key Next Steps for Suppliers?

by Foley & Lardner LLP on

On June 25, 2017, Takata’s US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan) (the “Takata US Debtors”), filed chapter 11 cases seeking bankruptcy protection...more

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

Is Congress Finally Getting Serious About Curtailing Design Patents in the Auto Industry?

by Foley & Lardner LLP on

In recent years, OEMs have been growing their design patent portfolios at a rapid pace. Specifically, OEMs have been securing patent protection on replacement parts, including bumpers, fascias, light fixtures, mirrors, hoods,...more

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

by Foley & Lardner LLP on

Although U.S. patent law has long-established limits on enforcement after a patented product has been sold, the technological innovations may put a bulls-eye on the automotive industry for patent litigation. However, when...more

The Future of High Tech Patent Litigation in the Auto Industry

by Foley & Lardner LLP on

The rapid adoption of new technologies by the auto industry and the new players that provide them is going to have an impact on the world’s roads. It’s also bringing an increased focus on exploiting and protecting...more

Litigating Disruption in the Automotive Industry's Supply Chain

by Hogan Lovells on

“We’ve seen an increase in litigation over supply chain disruption in the automotive industry,” said Hogan Lovells partner Dr. Detlef Hass. “In the past, there was a sense that suppliers wanted to keep their customers happy...more

The MHRA issues new guidance concerning Own Brand Labelling or "Virtual Manufacturing"

by Hogan Lovells on

On 29 March 2017, the UK Medicines and Healthcare products Regulatory Agency (MHRA) published a new guidance (hereafter “Guidance“) concerning the Own Brand Labelling of medical devices in the United Kingdom. The Guidance,...more

Deal Activity Slightly Declines in 2016; 2017 Deal Makers Cautious

by Foley & Lardner LLP on

Aggregate automotive industry M&A deal values for 2016 were down 34% to $41.0 billion compared to $62.1 billion in 2015 according to PwC’s recently released report, PwC Deals: Global Automotive M&A Deals Insights Year-end...more

The Top Six Takeaways from Auto-ISAC's and NHTSA’s Cybersecurity Best Practices

by Foley & Lardner LLP on

As cars continue to rely more and more on systems that closely resemble those that run mobile phones and personal computers, it’s no surprise that the original equipment manufacturers (OEMs) and suppliers of car parts need to...more

Commercial Contract Risk in 2017

by Foley & Lardner LLP on

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Warranty Issues in 2017

by Foley & Lardner LLP on

While the jury is out on whether 2017 will be a peak year for new vehicle sales, elevated OEM warranty and recall costs are likely to continue. OEMs, likely will continue to pay the largest share of these expenses, but...more

Could You Please Be Less Specific?: How Specificity in Advertising Could Result in a “Written Warranty”

by Varnum LLP on

Passed in 1975, the Magnuson-Moss Warranty Act ("MMWA") requires, among other things, manufacturers and sellers of consumer products to provide consumers with detailed warranty coverage information. Often, original equipment...more

Will We Continue to Uber and Lyft, or Will We Start to "VW?"

by Foley & Lardner LLP on

Volkswagen’s $300 million investment in ride-hailing service Gett is not exactly earth shattering news these days for the automotive industry. But what did catch our eye here at the Dashboard was what Volkswagen said,...more

European Commission Consults on Revisions to Capital Requirements Framework and EU Implementation of CRR

by Shearman & Sterling LLP on

The European Commission published a consultation paper on proposed options for implementing principles of proportionality in the upcoming capital requirements framework, to review the Original Exposure Method and replace the...more

Chinese High Court Decision Confirms the OEM Exception to Trade Mark Infringement for the First Time

by K&L Gates LLP on

For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the...more

Presentation Recap: Car Wars

by Foley & Lardner LLP on

“A [not so] long time ago in an automotive industry [not] far, far away,” John Murphy, Research Analyst for Merrill Lynch delivered his popular annual “Car Wars” presentation in Detroit on May 10th. This was the 26th year of...more

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

by Dorsey & Whitney LLP on

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

FDA Still Seeking Manufacturer Views on Medical Device ISO Regulation

On March 4, 2016, the FDA issued notice in the Federal Register that it had opened a docket to accept comments on the agency’s proposed plan to address the refurbishing, remarketing, rebuilding, remanufacturing, and servicing...more

Google Mandates Full Disk Encryption

With the release of Android 6.0, code name Marshmallow, Google has mandated that OEMs (Original Equipment Manufacturers) enable full disk encryption. Google is requiring that the feature be enabled as part of the ‘out of box...more

A Perfect Storm for Automotive Patent Disputes?

by Foley & Lardner LLP on

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

Greatbatch, Inc. Completes $1.73 Billion Acquisition

by Knobbe Martens on

Greatbatch, Inc. recently announced that it has acquired Lake Region Medical (previously known as Accellent Inc.) pursuant to a deal valued at about $1.73 billion.  Reuters reports that Greatbatch will pay $478 million in...more

FCC Proposes Reform of Radiofrequency Equipment Authorization Rules

by Morgan Lewis on

Faced with the rapid growth of increasingly complex wireless products, the FCC proposes to upgrade its equipment authorization program to prevent harmful interference without stifling innovation and product development....more

A Study of Recall Completion Rates

by Foley & Lardner LLP on

This post was written by special guest authors Neil Steinkamp, Managing Director, and Jake Reed, Manager, from Stout Risious Ross. There has been much attention recently regarding the efforts made to complete recalls in...more

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