Toyota

News & Analysis as of

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

Suppliers to OEMs: We Think We're Turning Japanese

The 2014 Annual Automotive OEM-Supplier Relations Study came out in May 2014 and it showed that Japanese OEMs may be rebounding after a couple down years when it comes to their relationships with suppliers. The study,...more

Eastern District of Texas Can’t Keep Every Case Filed There

In re Toyota Motor Corporation - Granting a defendants’ petition for a writ of mandamus, the U.S. Court of Appeals for the Federal Circuit ordered the U.S. District Court for the Eastern District of Texas to transfer a...more

Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to...more

BRI = I

In Toyota Motor Corporation v. LeRoy G. Hagenbuch, IPR 2013-00483, Paper 21 (April 16, 2014), the patent expired during the inter partes review, as a result the parties and the Board agreed that “broadest reasonable...more

Calling Non-Traditional Trademarks By Name

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names...more

Toyota Fails to Report Recalls and Will Now Pay Big Bucks in Penalties

Toyota will have to pay $1.2 billion in penalties in order to settle the criminal probe of acceleration problems, which has led to more than 8 million recalls. Attorney General, Eric Holder, said this is the largest criminal...more

Ninth Circuit Rejects Percentage Method To Determine Attorneys’ Fees In Class Action Settlement

In Collado v. Toyota Motor Sales, U.S.A., Inc., Nos. 11-57013, 11-57023, 11-57030 (9th Cir. Dec. 16, 2013), the Ninth Circuit Court of Appeals reversed a district court’s attorneys’ fees award in a class action settlement...more

What Are My Rights if My Defective Car Caused the Accident?

Three of the largest automobile manufacturers had to issue a recall of more than three million vehicles this year after the airbags were found to be defective. Toyota Motor Corporation, Nissan Motor Company and Honda Motor...more

Toyota Recalls 160,000 Tacoma Pickups Due to Rust

Toyota issued another recall that will affect a number of drivers in New York as well as other states. This recall involves the Tacoma pickup, a vehicle known for plowing through the snow and carrying a heavy load on its bed....more

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

One of the most famous questions in philosophy is “if a tree fell in a forest and nobody was there to hear it, would it still make a sound?” A similar question dominates the world of consumer class actions. If a product...more

Arbitration Clauses Are Enforceable Despite Waiver Of Classwide Arbitration Rights

Israel Flores and Andrea Naasz sued West Covina Toyota (WCT) and Toyota Motor Sales for selling them a “lemon,” alleging both individual and class action claims, including claims for violations of the Consumer Legal Remedies...more

Prius Owners Put The Brakes On Arbitration With Non-Signatory Toyota

The Ninth Circuit ruled this week that a class of car owners could pursue their court claims against the manufacturer, Toyota, for product defects and false advertising, despite the existence of an arbitration agreement in...more

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