News & Analysis as of

Skynet Is Coming to Your Car

Toyota Motor Corporation announced that it has started a new company, Toyota Research Institute, Inc. (TRI), for the purpose of researching and developing artificial intelligence. Headquartered in Silicon Valley with another...more

U.S. Auto Companies Report Best October in 10+ Years, Head Toward Record Year

The auto industry posted the strongest October sales in ten years—and even longer for some U.S. companies. The industry is capitalizing on low interest rates and low fuel prices across the U.S. to drive record sales....more

The Supreme Court Preview, Part III: A Couple Spare Parts

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Energy & Environment Update - October 2015 #3

Energy and Climate Debate: Congress returns from the Columbus Day holiday this week to full schedules in both chambers, including several energy and environment hearings of interest. In the meantime, the Obama...more

Renewable Energy Update - October 2015 #3

Renewable Energy Focus - Attractive PPA prices will keep U.S. utility-scale solar power strong: Solar Industry Magazine - Oct 13: Reports of the death of utility-scale solar in the U.S. have been greatly exaggerated. A...more

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

New Study Says ... Pace of Adopting Active Safety System Should Be Picked Up

Vehicle safety systems are experiencing a period of development unlike any in the history of the industry. While the 20th century focused on passive safety systems, such as crumple zones, seat belts, and airbags, these...more

When is a Car Driver Responsible for a Mechanical Malfunction in an Accident?

Some auto accidents tied to vehicle malfunction might be the fault of the manufacturer or mechanic. Drivers too might be at fault for poor maintenance. By far, the number one cause of car accidents in Illinois are drivers who...more

The ADA Celebrates Its 25th Anniversary – A Look Back at the Development of the Act

Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards addressing discrimination...more

Auto manufacturers’ alliance create information sharing and analysis center for cyber-threats

Twelve automakers that make up the Alliance of Automobile Manufacturers (AAM) have agreed to form an information sharing and analysis center (Auto ISAC) that will facilitate the sharing of cyber security data to stay abreast...more

The Internet of Things and the Inevitable Collision with Products Liability PART 2: One Step Closer

The Internet of Things and the Inevitable Collision with Products Liability, published in February 2015, identified a number of factors leading to the emergence and phenomenal growth of the Internet of Things (IoT). It also...more

Void-for-Vagueness Challenges to Section 75-1.1

This month’s Clark v. Toyota decision from the U.S. District Court for the Western District of North Carolina has a number of interesting features, as we noted in our last post. Today, we’ll look at another one of those...more

Product Liability Verdicts in Arizona

Product liability cases show a strong defense trend in Arizona. Since 2011, Arizona juries have given ten defense verdicts and only one plaintiff’s verdict. That’s nearly 91% in favor of defendants over the last four years....more

Automotive Battery Industry Expands Its Horizons to Other Applications

As previously discussed on this blog, the automotive industry is pushing to develop new and improved batteries and charging and power systems for cars. Now, the automotive industry is setting its sights on improving batteries...more

IP Newsflash - March 2015 #2

DISTRICT COURT CASES - Patent Misuse is Not a Stand-Alone Cause of Action - Plaintiffs Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively Continental) filed a complaint iBiquity...more

PTAB Excludes Documents Corroborating Publication Date as Hearsay but Admits Librarian Testimony - Toyota Motor Corporation v....

In a final written decision, the U. S. Patent and Trademark Office Patent (PTO) Trial and Appeal Board (PTAB or Board) granted in part the patent owner’s motion to exclude certain documents purporting to corroborate the...more

Business Litigation Reporter - February 2015

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Board Declines to Terminate Reexamination

In Toyota Motor Corporation v. American Vehicular Sciences LLC, IPR2013-00419 and IPR2013-00424m Paper 48 (December 12, 2014), the patent owner sought permission from the Board to file a motion to terminate an ex parte...more

PTAB Shows a Willingness to Intervene in Deposition Disputes

Experienced district court litigators are reluctant to “call the judge” when a dispute arises during a deposition. Judges do not want to take the time to deal with mundane discovery disputes and parties do not want to get on...more

Recall Expands for Exploding Airbags

Defective Air Bags in Honda, Toyota, and Other Vehicles - Defective automobile parts can result in major car accidents, severe injuries and even death. The Japanese air bag manufacturer Takata, which produces air bags...more

Another Requirement to a Successful Motion to Amend Claims

It is getting hard to keep track of all the hoops and hurdles that need to be navigated in bringing a successful motion to amend in an inter partes review proceeding. Each new decision seemingly raises the bar further. The...more

Mother, May I?

In Toyota Motor Corporation v. American Vehicular Sciences LLC, IPR2013-00415, Pape 51, IPR2013-00416, Paper 35, IPR2013-00417, Paper 62 (August 7, 2014), the patent owner submitted a notice of withdrawal of motion to amend...more

Reed Smith Wins Toyota Credit Case in New Jersey Tax Court

On Friday, August 1, in a corporation business tax case handled by Reed Smith, the New Jersey Tax Court ruled that Toyota Motor Credit Corp. was entitled to recompute its tax by reducing gains on the sale of leased vehicles....more

Defective Airbags Lead to More Automobile Recalls

Automobile recalls have been a hot topic in the news lately. Indeed, millions of vehicles have been recalled due to dangerous automobile defects. Adding to the list of recalled cars and trucks, a recent article in the Wall...more

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